A.B. 112
- *AB112*
ASSEMBLY BILL NO. 112–ASSEMBLYMEMBER NGUYEN
PREFILED JANUARY 23, 2025
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Referred to Committee on Commerce and Labor
SUMMARY—Removes an exemption from provisions providing
certain employees with the right to use sick leave to
assist family members. (BDR 53-318)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to employment; removing an exemption for
employees covered under a valid collective bargaining
agreement from provisions providing certain employees
with the right to use sick leave to assist a member of the
employee’s immediate family with certain medical needs;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires a private employer that provides employees with sick 1
leave to allow an employee to use accrued sick leave for an absence due to an 2
illness, injury, medical appointment or other authorized medical need of a member 3
of the employee’s immediate family. Existing law exempts an employer from this 4
requirement if the employee is covered under a valid collective bargaining 5
agreement. (NRS 608.01975) Section 1 of this bill eliminates the exemption, 6
thereby making the requirement applicable to an employer even if the employee is 7
covered under a valid collective bargaining agreement. Section 2 of this bill 8
provides that the amendatory provisions of section 1 do not apply during the 9
current term of any collective bargaining agreement entered into before October 1, 10
2025, but do apply to any extension or renewal of such an agreement and to any 11
collective bargaining agreement entered into on or after October 1, 2025. 12
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 608.01975 is hereby amended to read as 1
follows: 2
608.01975 1. Except as otherwise provided in this section, if 3
an employer provides paid or unpaid sick leave for the use of his or 4
her employees, the employer must allow an employee to use any 5
accrued sick leave to assist a member of the immediate family of the 6
employee who has an illness, injury, medical appointment or other 7
authorized medical need to the same extent and under the same 8
conditions that apply to the employee when taking such leave. 9
2. An employer may limit the amount of sick leave that an 10
employee may use pursuant to subsection 1 to an amount which is 11
equal to not less than the amount of sick leave that the employee 12
accrues during a 6-month period. 13
3. The Labor Commissioner shall prepare a bulletin which 14
clearly sets forth an explanation of the provisions of this section. 15
The Labor Commissioner shall post the bulletin on the Internet 16
website maintained by the Office of Labor Commissioner and shall 17
require each employer that provides sick leave to employees to post 18
the bulletin in a conspicuous location in each workplace maintained 19
by the employer. The bulletin may be included in any printed 20
abstract posted by the employer pursuant to NRS 608.013. 21
4. The provisions of this section shall not be construed to: 22
(a) Limit or abridge any other rights, remedies or procedures 23
available under the law; 24
(b) Negate any other rights, remedies or procedures available to 25
an aggrieved party; 26
(c) Prohibit, preempt or discourage any contract or other 27
agreement that provides a more generous sick leave benefit or paid 28
time off benefit; or 29
(d) Extend the maximum amount of leave to which an employee 30
is entitled to take pursuant to the Family and Medical Leave Act of 31
1993, 29 U.S.C. §§ 2601 et seq. 32
5. An employer shall not deny an employee the right to use 33
accrued sick leave in accordance with the provisions of this section 34
or retaliate against an employee for attempting to prosecute a 35
violation of this section or for exercising any rights afforded by this 36
section. 37
6. The provisions of this section do not apply [: 38
(a) To] to the extent prohibited by federal law . [; or 39
(b) With regard to an employee of the employer if the employee 40
is covered under a valid collective bargaining agreement.] 41
7. As used in this section, “immediate family” means: 42
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(a) The child, foster child, spouse, domestic partner, sibling, 1
parent, mother-in-law, father-in-law, grandchild, grandparent or 2
stepparent of an employee; or 3
(b) Any person for whom the employee is the legal guardian. 4
Sec. 2. Insofar as they conflict with the provisions of such an 5
agreement, the amendatory provisions of this act do not apply 6
during the current term of any collective bargaining agreement 7
entered into before October 1, 2025, but do apply to any extension 8
or renewal of such an agreement and to any collective bargaining 9
agreement entered into on or after October 1, 2025. For the purposes 10
of this section, the term of an agreement ends on the date provided 11
in the agreement, notwithstanding any provision of the agreement 12
that remains in effect, in whole or in part, after that date until a 13
successor agreement becomes effective. 14
H