SB 209 — Revises provisions relating to employment. (BDR 53-953)

(ReprintedSenate withBill amendmentsNo. adopted on April 16, 2021) FIRST REPRINT S.B.

209209–Senators SENATEDonate; BILL NO .

209–SENATORHardy, DONATELange, MNeal, ARCHOhrenschall 11,and 2021Ratti ____________Joint JOINTSponsors: SPONSORS :

ASSEMBLYMENAssemblymen GGonzález, ONZÁLEZBrittney ANDMiller, WOrentlicher, ATTSThomas, ____________Torres Referred to Committee on Commerce and LaborWatts SUMMARY—RevisesCHAPTER.......... provisions relating to employment.

(BDR 53-953) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

LegislativeLegiExisting Counsel’slaw Digest:requires an employer in private employment who has 50 or more employees in this State to provide at least 0.01923 hours of paid leave to an employee for each hour worked, which may be used by the employee beginning on the 90th calendar day of his or her employment.

Existing law requiresauthorizes an employer into privateimpose employmentcertain wholimitations hason 50the oraccrual moreand employeesuse in this State to provide at least 0.01923 hours of paid leave toand anexempts employeecertain foremployers eachfrom hour worked, which may be used by the employeerequirements beginning on the 90th calendar day of hisexisting orlaw. her employment.

Existing(NRS law608.0197) authorizesprovide an2 exemptsor certain4 employershours fromof paid leave to each employee for the requirementspurpose of existingthen law.employer to employee receiving a vaccination for SARS-CoV-2, including a variant of SARS- CoV-2.

(NRS 608.0197) In addition to this existing paid leave, section 1 of this bill requires an employer to provide 2 or 4 hours of paid leave to each employee for the purpose of the employee receiving a vaccination for SARS-CoV-2, including a variant of SARS- CoV-2.

(1) 2 consecutive hours of paid allotmentsleave of 2 consecutive hours each if the vaccination requires twoonly separateinone twodose; doses on two separate occasions.

Sectionand 1(2) requires4 anhours employeeof topaid provideleave atin leasttwo 12allotments hours of notice2 toconsecutive thehours employereach beforeif using the paidvaccination leaverequires totwo obtainseparate adoses -on *SB209_R1*two –separate 2occasions. – vaccination for SARS-CoV-2.

Section 1 prohibitsrequires an employee to provide at least hours of notice to the employer from:before using the paid leave to obtain a an employee the right to use such paid leave;

(1) denying an employee the right to use such paid leave;

Section 1 provides that such paid leave must not be used in calculating the number sectionof 1:hours for which an employee is entitled to be compensated for overtime.

(1)Finally, providessection that1: an employer who provides an on-premises vaccinationly, clinic is not required to provide such paid leave;

and(1) (2)provides includesthat requirementsan andemployer restrictionswho whichprovides mirroran thoseon-premises invaccination existingclinic languageis innot sectionrequired 1.5to ofprovide thissuch act.paid leave;

Section(2) 1.5includes ofrequirements thiswhich billmirror allowsthose anin employeeexisting tolaw usein paidsection leave1.5 forof anythis use,bill; including:

and (3) provides that an operation.s not required to provide such paid leave for the first 2 years of Section 1.5 of this bill allows an employee to use paid leave for any use, including:

(3) receiving or participating in needspreventative relatedcare; to the health of the employee.giving;

or(4) (5)participating addressingin othercaregiving; personal Existing law creates the Legislative Committee on Health Care.

(NRSor 439B.200)(5) Sectionaddressing 2other ofpersonal thisneeds billrelated requiresto the Committeehealth to:of the employee.

(1)439B.200) conductSection a2 studyof duringthis thebill 2021-2022requires interim concerning the responseCommittee byto: this State to SARS-CoV- 2;

and(1) (2)conduct makea recommendationsstudy for- legislation81st toSession the(2021) Governor– and2 the– 82ndduring Session of the Nevada2021-2022 Legislatureinterim concerning the response by this State to futureSARS-CoV- variousSession itemsof andthe recommendationsNevada relatedLegislature toconcerning the publicresponse healthby infrastructure in this State and to SARS-CoV-2.future public health crises.

Section 2 requiresauthorizes the Committee to submitexamine aand reportconsider ofvarious theitems results of the study and recommendations forrelated legislationto concerning the response by this State to future public health crisesinfrastructure toin thethis GovernorState and to theSARS-CoV-2. Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of the Nevada Legislature.

THESection PEOPLE2 OFrequires THEthe STATECommittee OFto NEVADA,submit REPRESENTEDa INreport SENATEresponse ANDby ASSEMBLY,this DOState ENACTto ASfuture FOLLOWS:public health crises to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of the Nevada Legislature.

SectionEXPLANATION 1.– Matter in bolded italics is new;

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

THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

Except as otherwise provided in subsections 6,6 10 and 11,10, in addition to the paid leave provided pursuant to NRS 608.0197, every employer in private employment shall provide 2 or 4 hours, as determined pursuant to subsection 2, of paid leave to each employee for the purpose of the employee receiving a vaccination for COVID-19.

- *SB209_R1* – 3 – 4.

or - 81st Session (2021) – 3 – (c) Retaliate or take any adverse action against an employee for using the paid leave provided to the employee pursuant to this section.

(2)(3) PenalizingDeducting the paid leave provided to the employee inpursuant anyto fashion;this section from the salary or wages of the employee.

and (3) Deducting the paid leave provided to the employee pursuant to this section from the salary or wages of the employee.

9.