AB 388 — Revises provisions relating to employment. (BDR 23-1027)
Last action — Vetoed by the Governor.
-
✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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5To Executive
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6Enacted
This bill died with 2025 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Vetoed by Governor Joe Lombardo (Republican) on June 11, 2025.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
748 added · 896 removedPlain-language change summary
The latest version of Assembly Bill No. 388 introduces new requirements for both public and private employers regarding paid family leave. It mandates that these employers create specific procedures and forms to ensure employees are informed about their leave options. Additionally, the bill expands paid family leave entitlements to officers of the Executive Department of the State Government and shortens the time an employee must be employed to access these benefits. This is significant as it strengthens support for workers needing time off for family reasons, enhancing job security and work-life balance.
EXEMPTAssembly (ReprintedBill withNo. amendments adopted on May 28, 2025) FIRST REPRINT A.B.
388388–Assemblymembers ALa SSEMBLYRue BILLHatch, NGonzález, O.Anderson, Roth, Miller;
388–AFlanagan, SSEMBLYMEMBERSGoulding, LAHunt, RJackson, UEKarris, HMoore, ATCHOrentlicher ,and GWatts ONZÁLEZJoint ,Sponsor: A NDERSON , R OTH, M ILLER;
FSenator LANAGANFlores ,CHAPTER.......... G OULDING , HUNT , JACKSON , K ARRIS, M OORE , O RENTLICHER AND W ATTS M ARCH 10, 2025 ____________ JOINTS PONSOR :
ENATOR FLORES ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to employment.
(BDR 23-1027) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
(NOTREQUESTED AFFECTELOCALGOVERNMEN)) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegUnderLegiUnder existing law, an employee of the Executive Department of the State Government who has been employed for not less than 12 consecutive months is entitled to take 8 weeks of paid family leave over a 12-month period, under certain circumstances, to:
(4) -care *AB388_R1*for – 2 – participate in a qualifyingseriously eventill resultingmember fromof the military deployment to a foreign country of an immediate family member of the employee.employee;
(NRSor 284.356)(5) Sectioncountry 4of an immediate family member of thisthe bill:employee.
(NRS 284.356) Section 4foreign of this bill:
(4) entitles an employee to take paid family leave to bond with a newly placed foster child of the employee, complete any necessaryof preparatorya tasksfoster beforechild thein anticipatedcertain adoptioncircumstances, ofto arecover childfrom orcertain placementserious healtht conditions, including pregnancy or the loss or end of a pregnancy and for certainhcertain purposes resulting from an act of domestic violence, stalking, aggravated stalking, harassment or sexual assault against the employee or an immediate family member of the employee;
Existing law further requires an appointing authority to pay an employee on paid family leave 50 percent of the regular wage the employee would have earned ifappointing theauthority employeeto waspay: not on leave.
(NRS(1) 284.356)100 Sectionpercent 4of insteadthe requiresregular anwage appointingthe authorityemployee towould pay:have earned if the employee was not on leave, if the employee earns not more than 110 percent of the state average weekly wage;
(1)or 100(2) 60 percent of the regular wage the employee would have earned if the employee was not on leave, if the employee earns not regular wage the employee would have earned if the employee was not on leave but not more than 150 percent of the state average weekly wage, if the employee earns more than 110 percent of the state average weekly wage.
- 83rd Session (2025) – 2 – Section 4 also:
(1) requires an employee to provide certain notice to the appointing authority of the employee’s intent to take paid family leave and make a reasonable effort to take paid family leave in a manner that does not unduly disrupt the operationsDivision of Human Resource Management of the appointingDepartment authority,of Administrationhorizes to investigate any instance in which it has reason to believe that an employee has taken paid family leave to which the employee is not entitled, and after notice and a hearing, authorizes the Human Resources Commission to take certain circumstances;remedial actions;
(2) authorizes the Division of Human Resource Management of the Department of Administration to investigate any instance in which it has reason to believe that an employee has hearing, authorizes the Human Resources Commission to take certain remedialtice and a actions;
§§ 2601 et seq.) Section 7 of this bill establishes substantially similar provisions relating to the entitlement to paid family leave for certain state employees in the public service for employees of private employers and local government employers that have 50 or more employees ofin the private employersemployment toin paidthis familyState, leave.ebythereby entitling the SectionsemplSections 2 and 8 of this bill require an appointing authority, a private employer and a local government employer to establish reasonable procedures and forms for an employee to take paid family leave, which may not be unduly burdensome to the employee and are required to meet certain language requirements.
Sections 2 and 8 also require the Commission and Labor Commissioner to establish by regulation the documentation that an employee may be required to provide to an appointing authority, a private employer or a local government employer to take paid family leave, place certain restrictions on the establishment of the regulations and make theSectionsthe 3documentation andconfidential. 9 of this bill require an appointing authority, a private employer and a local government employer to provide to an employee certain written notice relating to paid family leave in certain circumstances and subject to certain conditions.
-Sections *AB388_R1* – 3 –and Section9 10 of this bill authorizesrequire an employeeappointing toauthority, bring a civilprivate action,employer and prescribes the remedies a courtlocal isgovernment authorizedemployer andto requiredprovide to award if an employeremployee fails to take certain actionswritten notice relating to paid family leave requiredin bycertain sectioncircumstances 7.and subject to certain conditions.
provisionsprescribes ofthe sectionsremedies 7, 8 and 9, and section 12 of this bill makes a violationcourt ofis theauthorized provisions of sections 7, 8 and 9required ato misdemeanoraward andif authorizesan theemployer Laborfails Commissioner to impose,take incertain additionactions relating to anypaid otherfamily remedyleave orrequired penalty,by asection penalty7. of up to $5,000 for each violation.
Section 1411 of this bill repealsrequires the Labor Commissioner to enforce the provisions inof existingsections law7, requiring8 aand private9, sexualand assault,section as12 theseof provisionsthis arebill supplantedmakes bya violation of the provisions of sections 7, 8 and 9.9 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.
Section 14 of this bill repeals the provisions in existing law requiring a private employer to provide certain leave to employees relating to domestic violence and sexual assault, as these provisions are supplanted by the provisions of sections 7, 8 and 9.
- 83rd Session (2025) – 3 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
The Commission shall by regulation establish the documentation that an employee may be required to provide to an appointing authority in support of a request for paid family leave pursuant to NRS 284.356.
- *AB388_R1* – 4 – (b) When the employee requests leave pursuant to NRS 284.356;
2.by an appointing authority pursuant to subsection 1 must include, without limitation:
The- written83rd noticeSession required(2025) to– be4 provided– to(a) anThe entitlement of the employee byto anpaid appointingfamily authorityleave pursuant to subsectionNRS 1284.356, mustand include,the withoutterms limitation:under which it may be taken;
(a) The entitlement of the employee to paid family leave pursuant to NRS 284.356, and the terms under which it may be taken;
(c) The procedures for taking the paid family leave;
All notices required by this section must be written in English, each other language typically used in communications between an appointing authority and an employee and any other language that is the primary language of at least 10 percent of the employeesregulations atto establish the workplace.means by which an appointing authority must provide the notice required by this section.
The Commission may adopt regulations to establish the means by which an appointing authority must provide the notice required by this section.
- *AB388_R1* – 5 – (a) To bond with a newborn child of the employee or a newborn child of the domestic partner of the employee [;] , if taken not later than 12 months after the birth of the child;
Show all 160 changed lines (120 more)
- 83rd Session (2025) – 5 – (c) To complete any necessary preparatory tasks before the anticipated adoption or placement of a child pursuant to paragraph (b);
(d)]2611, orincluding, seriouswithout healthlimitation, condition,pregnancy asor definedthe byloss 29or U.S.C.end of a pregnancy;
§ 2611, including, without limitation, pregnancy or the loss or end of a pregnancy;
or (b) Sixty percent of the regular wage the employee would have earned if the employee was not on leave but not more than 150 percent of the state average weekly wage, if the employee earns moremor4.thAn thanemployee 110that percentis ofentitled to take paid family leave pursuant to subsection 1 is not required to take paid family leave consecutively and may take paid family leave over the statecourse averageof weeklya wage.12-month period.
4.
An employee that is entitled to take paid family leave pursuant to subsection 1 is not required to take paid family leave consecutively and may take paid family leave over the course of a 12-month period.
and (b) Make a reasonable effort to take paid family leave in accordance with the provisions of this section in a manner that - *AB388_R1* – 6 – does not unduly disrupt the operations of the appointing authority, if the paid family leave is taken for events that are foreseeable to the employee.
An appointing authority or his or her designee shall not deny an eligible employee the right to take paid family leave in accordance- with83rd theSession provisions(2025) of– this6 section– or retaliate or take any adverse action against an employee for requesting, taking or filing aany complaint against an appointing authority relating to paid family leave pursuant to [subsection 1.] this section.
Paid family leave taken in accordance with the provisions of this section and that meets the requirements for eligibility for theseq., Familyruns andconcurrently. Medical Leave Act of 1993, 29 U.S.C.
§§ 2601 et seq., runs concurrently.
(c) Prohibit, preempt or discourage any contract or other agreement that provides a more generous paid leave benefit or paid time off benefit.
Any agreement by an employee to abridge, waive or forego any rights or remedies afforded by this section is void as contrary to public policy and the employee may recover any actual - *AB388_R1* – 7 – damages incurred through the inclusion of the prohibited provision.
(a)- “Child”83rd includes,Session regardless(2025) of– age,7 a– biological, adopted or foster child, stepchild or minor protected person underunderadopted guardianship of a person or the person’s spouse or domestic partner.
(c)] or any other person related by blood or whose close association is the equivalent of a family relationship to a person or thethe(d) “Parent” includes a biological parent, adoptive parent, foster parent or legal guardian of a person or a person’s spouse or domestic partner.
(d) “Parent” includes a biological parent, adoptive parent, foster parent or legal guardian of a person or a person’s spouse or domestic partner.
(2) Arranging for care of an immediate family member who is incapable of self-care, if the deployment of the military family member necessitates a change in the existing care arrangements for theth(3) Providing care to an immediate family member whoincapable isof incapableself-care on an immediate and urgent basis, and not on a routine, regular or daily basis, if the need for care arises from the active duty, call to active duty status or deployment of self-care;the military family member;
(3)(4) ProvidingAttending appointments, but not regular or routine appointments, with care toproviders, anincluding, immediatewithout familylimitation, memberat incapablea health care facility, as defined in NRS 449.2414, and provider of self-carepublic onassistance, as defined in NRS 422A.065, for an immediate- and83rd urgentSession basis,(2025) and– not8 on– aimmediate routine,family regularmember orof dailythe basis,military family member if the need for carethe appointments arises from the active duty, call to active duty status or deployment of the military family member;
(4)(5) AttendingMaking appointments,financial but not regular or routinelegal appointments,arrangements with care providers, including, without limitation, at a health care facility, as defined in NRS 449.2414, and provider - *AB388_R1* – 8 – of public assistance, as defined in NRS 422A.065, for anthe immediatemilitary familyfamily(6) memberSpending oftime with the military family member ifduring thea needrest forand therecuperation appointmentsleave arises from the active duty, call to active duty status or deploymentreturn offrom thedeployment; military family member;
(5) Making financial or legal arrangements for the military family member;
(6) Spending time with the military family member during a rest and recuperation leave or return from deployment;
(g) “Serious illness” has the meaning ascribed to it in NRSNRS(h) 232.4854.“State average weekly wage” means the state average weekly wage as most recently computed by the Employment Security Division of the Department of Employment, Training and Rehabilitation.
(h) “State average weekly wage” means the state average weekly wage as most recently computed by the Employment Security Division of the Department of Employment, Training and Rehabilitation.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, - 83rd Session (2025) – 9 – 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, - *AB388_R1* – 9 – 130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923,209.3923,, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120,391.120,88.750, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, - 83rd Session (2025) – 10 – 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, - *AB388_R1* – 10 – 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 2 and 8 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum - 83rd Session (2025) – 11 – may be prepared from those public books and public records.
Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entityany manner affect the federal laws governing copyrights or ofenlarge, in diminish or affect in any other manner the generalrights public.of a person in any written book or record which is copyrighted pursuant to federal law.
This section does not supersede or in - *AB388_R1* – 11 – any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
or (b)means Providingof thean publicelectronic recordmedium inwould:n an electronic format or by means(1) ofGive anaccess electronicto mediumproprietary would:software;
(1) Give access to proprietary software;
- 83rd Session (2025) – 12 – Sec.
Except as otherwise provided in this section, every employer in private employment and every local government employer shall provide paid family leave to each employee of the employer who has been employed for not less than 90 days.
An - *AB388_R1* – 12 – employee is entitled to 12 weeks of paid family leave each benefit year:
(f) For a qualifying event resulting from the military deployment to a foreign country of an immediate family member of the(g) employee;For safe leave.
or (g) For safe leave.
An employee that is entitled to take paid family leave pursuant to subsection 1 is not required to take paid family leave - 83rd Session (2025) – 13 – consecutively and may take paid family leave over the course of a 12-month period.
(a) Give notice, as soon as practicable, to the employer of the employee’s intent to take paid family leave in accordance with the provisions of this section;
andandfamily leave in accordance with the (b) Make a reasonable effort to take paid family leave in accordance with the provisions of this section in a manner that does not unduly disrupt the operations of the employer, if the paid - *AB388_R1* – 13 – family leave is taken for events that are foreseeable to the employee.
8.of this section and that meets the requirements for eligibility for the Family and Medical Leave Act of 1993, 29 U.S.C.
Paid family leave taken in accordance with the provisions of this section and that meets the requirements for eligibility for the Family and Medical Leave Act of 1993, 29 U.S.C.
10.- 83rd Session (2025) – 14 – forego any rights or remedies afforded by this section is void as contrary to public policy and the employee may recover any actual damages incurred through the inclusion of the prohibited provision.
Any agreement by an employee to abridge, waive or forego any rights or remedies afforded by this section is void as contrary to public policy and the employee may recover any actual damages incurred through the inclusion of the prohibited provision.
(b) “Child” includes, regardless of age, a biological, adopted or foster child, stepchild or minor protected person under - *AB388_R1* – 14 – guardianship of a person or the person’s spouse or domestic partner.
(c) “Domestic partner” means a person who is in a domestic partnership which is registered or recognized pursuant to chapter 122A of NRS and which has not been terminated pursuant to that chapter.
The term includes a person standing in loco parentis or who stood in loco parentis for a person or the person’s spouse or domestic partner and for which a biological or legal relationship between the person or person’s spouse or domestic partner and parent is not necessary.
(2) Arranging for care of an immediate family member who is incapable of self-care, if the deployment of the military family member- necessitates83rd aSession change(2025) in– the15 existing– care arrangements for the family member who is incapable of self-care;self-care;rangements (3) Providing care to an immediate family member incapable of self-care on an immediate and urgent basis, and not on a routine, regular or daily basis, if the need for care arises from the active duty, call to active duty status or deployment of the military family member;
(3)(4) ProvidingAttending appointments, but not regular or routine appointments, with care toproviders, anincluding, immediatewithout familylimitation, memberat incapablea ofhealth self-carecare onfacility, anas immediatedefined andin urgentNRS basis,449.2414, and notprovider onof apublic routine,assistance, regularas ordefined dailyin basis,NRS 422A.065, for an immediate family member of the military family member if the need for carethe appointments arises from the active duty, call to active duty status or deployment of the military family member;
(4) Attending appointments, but not regular or routine appointments, with care providers, including, without limitation, at a health care facility, as defined in NRS 449.2414, and provider of public assistance, as defined in NRS 422A.065, for an immediate family member of the military family member if the - *AB388_R1* – 15 – need for the appointments arises from the active duty, call to active duty status or deployment of the military family member;
(6) Spending time with the military family member during a rest anda(7) recuperationRepresenting leavethe military family member at a federal, state or returnlocal fromevent during deployment;
(7) Representing the military family member at a federal, state or local event during deployment;
(4) Seeking legal assistance and preparing for and attendingattend(5) courtAny proceedingsother relatingnecessary action to restore the act;victim of the act to his or her same or similar condition before the occurrence of the act.
and (5) Any other necessary action to restore the victim of the act to his or her same or similar condition before the occurrence of the act.
- 83rd Session (2025) – 16 – Sec.
The forms must be written in English, each other language typically used in communications between an employer and an employee and any other languagelanguageons that is the primary language of at least 10 percent of the employees at the workplace.
- *AB388_R1* – 16 – (a) Must use a liberal approach to the granting of paid family leave to an employee and not be unduly burdensome to the employee.
(b) When the employee requests leave pursuant to section 7 of this act;
andandhe employee requests leave pursuant to section 7 of (c) When the employer has reasonable knowledge that any leave request made by the employee may be for a qualifying reason entitling the employee to take paid family leave pursuant to subsection 1 of section 7 of this act.
(d) The requirement that an employer or his or her designee may not deny an eligible employee the right to take paid family - 83rd Session (2025) – 17 – leave, retaliate or take any adverse action against an employee for requesting, taking or filing a complaint against an employer relating to paid family leave as set forth in subsection 6 of section 7 of this act;
and (e) The manner in which an employee may file a complaint for any violations of the provisions of section 7 of this act committed by an employer.
- *AB388_R1* – 17 – 4.
If an employer fails to provide leave or retaliates or takes any adverse action against an employee for requesting, taking or filing a complaint relating to paid family leave in accordance with the provisions of section 7 of this act, the employee may, at any time within 2 years after the employer’s failure, bring a civil action against the employer.
608.180 The Labor Commissioner or the representative of the Labor Commissioner shall cause the provisions of NRS 608.005 to - 83rd Session (2025) – 18 – 608.195, inclusive, and sections 7, 8 and 9 of this act and 608.215 to be enforced, and upon notice from the Labor Commissioner or the representative:
The district attorney of any county in which a violation of thosetho2. sections has occurred;
2.ThetionsDeputyccuLabor Commissioner, as provided in NRS 607.050;
The Deputy Labor Commissioner, as provided in NRS 607.050;
- *AB388_R1* – 18 – 2.
(b) The employee participated as a witness or interested party in court proceedings related to an act which constitutes domesticdomesticrty in violence or sexual assault which triggered the use of paid family leave pursuant to [NRS 608.0198;] section 7 of this act;
- 83rd Session (2025) – 19 – additional expenses of a local government that are related to the provisions of this act.
15.
The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec.
TEXT~~~~~ OF25 REPEALED- SECTION83rd 608.0198Session Employee(2025) entitled to leave related to domestic violence or sexual assault;
uses of leave;
prohibited acts;
required documentation;
Labor Commissioner to prepare - *AB388_R1* – 19 – bulletin;
posting;
maintenance of records;
other rights, remedies and agreements unimpaired.
1.
An employee who has been employed by an employer for at least 90 days and who is a victim of an act which constitutes domestic violence or sexual assault, or whose family or household member is a victim of an act which constitutes domestic violence or sexual assault, and the employee is not the alleged perpetrator, is entitled to not more than 160 hours of leave in one 12-month period.
Hours of leave provided pursuant to this subsection:
(a) May be paid or unpaid by the employer;
(b) Must be used within the 12 months immediately following sexual assault occurred;t which constitutes domestic violence or (c) May be used consecutively or intermittently;
and (d) If used for a reason for which leave may also be taken pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C.
§§ 2601 et seq., must be deducted from the amount of leave the employee is entitled to take pursuant to this section and from the amount of leave the employee is entitled to take pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C.
§§ 2601 et seq.
2.
An employee may use the hours of leave pursuant to subsection 1 as follows:
(a) An employee may use the hours of leave only:
related to an act which constitutes domestic violence or sexualition assault committed against the employee or family or household member of the employee;
(2) To obtain counseling or assistance related to an act which constitutes domestic violence or sexual assault committed against the employee or family or household member of the employee;
(3) To participate in any court proceedings related to an act which constitutes domestic violence or sexual assault committed against the employee or family or household member of the employee;
or (4) To establish a safety plan, including, without limitation, any action to increase the safety of the employee or the family or constitutes domestic violence or sexual assault.ct which (b) After taking any hours of leave upon the occurrence of the act which constitutes domestic violence or sexual assault, an employee shall give not less than 48 hours’ advance notice to his or her employer of the need to use additional hours of leave for any purpose listed in paragraph (a).
3.
An employer shall not:
- *AB388_R1* – 20 – (a) Deny an employee the right to use hours of leave in accordance with the conditions of this section;
(b) Require an employee to find a replacement worker as a condition of using hours of leave;
or (c) Retaliate against an employee for using hours of leave.
4.
The employer of an employee who takes hours of leave pursuant to this section may require the employee to provide to the employer documentation that confirms or supports the reason the employee provided for requesting leave.
Such documentation may include, without limitation, a police report, a copy of an application for an order for protection, an affidavit from an organization which or documentation from a physician.
Any documentation provided toult an employer pursuant to this subsection is confidential and must be retained by the employer in a manner consistent with the requirements of the Family and Medical Leave Act of 1993, 29 U.S.C.
§§ 2601 et seq.
5.
The Labor Commissioner shall prepare a bulletin which clearly sets forth the right to the benefits created by this section.
The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of Labor Commissioner, if any, and shall require all employers to post the bulletin in a conspicuous location in each workplace maintained by the employer.
The bulletin may be included in any printed abstract posted by the employer pursuant to NRS6.08.An employer shall maintain a record of the hours of leave taken pursuant to this section for each employee for a 2-year period following the entry of such information in the record and, upon request, shall make those records available for inspection by the Labor Commissioner.
The employer shall exclude the names of the employees from the records, unless a request for a record is for the purpose of an investigation.
7.
The provisions of this section do not:
(a) Limit or abridge any other rights, remedies or procedures available under the law.
(b) Negate any other rights, remedies or procedures available to an aggrieved party.
agreement that provides a more generous leave benefit or paid leave benefit.
8.
As used in this section:
(a) “Domestic violence” has the meaning ascribed to it in NRS 33.018.
(b) “Family or household member” means a:
(1) Spouse;
- *AB388_R1* – 21 – (2) Domestic partner;
(3) Minor child;
or (4) Parent or other adult person who is related within the first degree of consanguinity or affinity to the employee, or other adult of the act which constitutes domestic violence or sexual assault.ime (c) “Sexual assault” has the meaning ascribed to it in NRS 200.366.
H - *AB388_R1*
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View plain text versions (3)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
-
Vetoed by the Governor.
-
Enrolled and delivered to Governor.
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In Assembly. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 11, Nays: 9, Excused: 1.) To Assembly.
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Withdrawn from committee. Placed on Second Reading File. Read second time.
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From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 26, Nays: 16.) To Senate. In Senate. Read first time. Referred to Committee on Commerce and Labor. To committee.
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From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 857.) To printer.
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Read second time. Taken from General File. Rereferred to Committee on Ways and Means. Exemption effective. To committee.
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From committee: Do pass.
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Notice of eligibility for exemption.
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From printer. To committee.
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Read first time. Referred to Committee on Commerce and Labor. To printer.
Sponsors
- Howard Watts · Cosponsor
- David Orentlicher · Cosponsor
- Venise Karris · Cosponsor
- Jovan A. Jackson · Cosponsor
- Linda F. Hunt · Cosponsor
- Heather Goulding · Cosponsor
- Tanya P. Flanagan · Cosponsor
- Edgar Flores · Primary
- Brittney M. Miller · Primary
- Erica P. Roth · Primary
- Natha C. Anderson · Primary
- Cecelia González · Primary
- Selena La Rue Hatch · Primary
- Cinthia Zermeño Moore · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →6 sponsors · 8 co-sponsors · 53 not signed on
Sponsors (6)
- Flores, Edgar Democratic
- Miller, Brittney M. Democratic
- Roth, Erica P. Democratic
- Anderson, Natha C. Democratic
- González, Cecelia Democratic
- La Rue Hatch, Selena Democratic
Co-sponsors (8)
- Watts, Howard Democratic
- Orentlicher, David Democratic
- Karris, Venise Democratic
- Jackson, Jovan A. Democratic
- Hunt, Linda F. Democratic
- Goulding, Heather Democratic
- Flanagan, Tanya P. Democratic
- Moore, Cinthia Zermeño Democratic
Not signed on (53)
53 members have not signed on to this bill.
Show all 53 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors AB 388?
- AB 388 is sponsored by Watts, Howard (Democratic), Orentlicher, David (Democratic), Karris, Venise (Democratic), Jackson, Jovan A. (Democratic), Hunt, Linda F. (Democratic), Goulding, Heather (Democratic), Flanagan, Tanya P. (Democratic), Flores, Edgar (Democratic), Miller, Brittney M. (Democratic), Roth, Erica P. (Democratic), Anderson, Natha C. (Democratic), González, Cecelia (Democratic), La Rue Hatch, Selena (Democratic), and Moore, Cinthia Zermeño (Democratic).
- What is the current status of AB 388?
- This bill died with 2025 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 388?
- Track AB 388 free on One Click Politics — get push/email alerts when it moves.
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