AB 190 — Provides certain employees with the right to use sick leave to assist certain family members with medical needs. (BDR 53-379)

(ReprintedAssembly withBill amendmentsNo. adopted on April 14, 2021) FIRST REPRINT A.B.

190190–Committee Aon SSEMBLYCommerce Band ILLNLabor O.CHAPTER..........

190–COMMITTEE ON C OMMERCE AND LABOR (ON B EHALF OF THE L EGISLATIVE C OMMITTEE ON SENIOR CITIZENS , ETERANS AND A DULTS W ITH SPECIAL N EEDS ) M ARCH 4, 2021 ____________ Referred to Committee on Commerce and Labor SUMMARY—Provides certain employees with the right to use sick leave to assist certain family members with medical needs.

(BDR 53-379) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existingcompensation lawand requiresto aprovide privatecertain employerbenefits, toincluding payovertime ancompensation employeeand certain minimum meal and rest breaks, with certain exceptions.

(NRS 608.018, 608.019, 608.250)and608.250) Section 1 of this bill requires a private employer that provides employees with sick leave to allow an employee to use accrued sick leave for an absence due to an illness, injury, medical appointment or other authorized medical need of a member of the employee’s immediate family.

Additionally, section 1 authorizes such an employerSection to1 limitalso requires the amountLabor ofCommissioner sickto leaveprepare anand employeepost maya usebulletinses. for such purposes.

Section 2 of this bill requires the Labor Commissioner to enforce the provisions of section 1, and section 3 of this bill makes a violation of the - *AB190_R1* – 2 – provisions of section 1 a misdemeanor and authorizes the Labor Commissioner to impose, in addition to any other remedy or penalty, a penalty of up to $5,000 for each violation.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

and W HEREAS , After surveying numerous studies, the United States Equal Employment Opportunity Commission determined that - 81st Session (2021) – 2 – flexible workplace policies enhance employee productivity, reduce absenteeism, lower costs, aid in retention and recruitment of the best talent and may positively affect profits;

now, therefore, THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:DFOLLOWS: IN Section 1.

Section 1.

The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of the Labor Commissioner and shall require each employer that provides sick leave to employees to post the bulletin in a conspicuous location in each workplace - *AB190_R1* – 3 – maintained by the employer.

An employer shall not deny an employee the right to use accrued sick leave in accordance with the provisions of this section or retaliate against an employee for attempting to - 81st Session (2021) – 3 – prosecute a violation of this section or for exercising any rights afforded by this section.

Sec.

2.

NRS 608.180 is hereby amended to read as follows:

Except as otherwise provided in NRS 608.0165, any person who violates any provision of NRS 608.005 to 608.195, - *AB190_R1* – 4 – inclusive, and section 1 of this act or NRS 608.215, or any reg2.atInregulation additionadopted topursuant anythereto, otheris remedyguilty orof penalty,a themisdemeanor. Labornor.

Commissioner2. may impose against the person an administrative penalty of not more than $5,000 for each such violation.

HIn -addition *AB190_R1*to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each such violation.

~~~~~ 21 - 81st Session (2021)