Nevada does not have a traditional "paid sick leave" law that ties time off to illness. Instead, under NRS 608.0197 (passed as Senate Bill 312 in 2019 and effective January 1, 2020), private employers with 50 or more employees in the state must provide paid leave that an employee can use for any reason. The required accrual rate is at least 0.01923 hours of paid leave for each hour worked. For a full-time employee working 40 hours a week, that works out to roughly 40 hours of paid leave per year. You do not have to be sick, and you generally do not have to tell your employer why you are using the time.
This makes Nevada one of a handful of states that guarantees paid time off, but it does so through a flexible "paid leave" model rather than a use-it-only-when-sick mandate. Below is how the rule actually works, who is covered, the key exceptions, and how to enforce your rights.
What Nevada's Paid Leave Law Actually Requires
The core mechanics of NRS 608.0197 are statutory and well established:
- Accrual rate: At least 0.01923 hours of paid leave per hour worked. That fraction is designed so a standard full-time schedule produces about 40 hours over a 52-week year.
- Employer-set option: Instead of accrual, an employer may credit the full amount of leave at the start of each benefit year. If the employer front-loads the hours, it does not have to allow carryover.
- Carryover: Under the accrual method, an employee may carry over up to 40 hours of unused paid leave into the next benefit year.
- Use cap: An employer may limit the amount of paid leave an employee uses to 40 hours per benefit year.
- Waiting period: Leave starts accruing on the first day of employment, but the employer may require the employee to work 90 calendar days before using any accrued leave.
- Rate of pay: Paid leave must be paid at the same rate the employee normally earns, and it must be paid on the same payday as the hours worked during the pay period in which the leave was taken.
Because the law lets you use the time "without providing a reason," it covers far more than illness: a sick child, a medical appointment, a family emergency, a mental health day, or simply a personal errand can all qualify. An employer cannot require you to find a replacement worker as a condition of using the leave.
Which Employers and Workers Are Covered
The 50-employee threshold is the single most important limit. If your employer has fewer than 50 employees in Nevada, it is not required to provide paid leave under this law (though it may choose to, and many do as a competitive benefit). Several other carve-outs apply:
- New businesses: An employer is exempt during its first two years of operation.
- Existing benefit policies: Employers that already provide paid leave or paid time off (PTO) at or above the required amount, and that allow it to be used consistent with the statute, are generally treated as compliant. The law does not force a separate "sick leave" bucket on top of an adequate PTO plan.
- Temporary, seasonal, and on-call workers can fall outside coverage depending on the arrangement, and certain collective bargaining situations may differ.
The law applies to private employers. Government employers are generally governed by their own leave rules rather than NRS 608.0197.
How It Interacts With PTO
Nevada's design deliberately overlaps with ordinary PTO. If your employer offers a general PTO bank that meets or exceeds 40 hours per year and lets you use it freely, that policy can satisfy the paid leave requirement; the employer does not have to add a second pool of hours. This is different from states with dedicated sick-leave statutes, where sick time and vacation must sometimes be tracked separately.
One practical consequence: because the leave is interchangeable with PTO, the question at separation is often whether unused hours get paid out. Nevada law does not require employers to cash out unused paid leave when you quit or are fired, unless the employer's own policy or contract promises it. Always read your handbook on this point.
How It Interacts With FMLA
Nevada paid leave and the federal Family and Medical Leave Act (FMLA) are separate programs that can run at the same time. FMLA gives eligible employees up to 12 weeks of job-protected but unpaid leave per year for serious health conditions, the birth or adoption of a child, and certain family caregiving needs. FMLA applies to employers with 50 or more employees within a 75-mile radius, and the employee must have worked about 1,250 hours in the prior 12 months.
The key difference is pay. FMLA protects your job but does not pay you. Nevada's paid leave actually pays you, but only for a limited number of hours. Many workers use their Nevada paid leave (and any other PTO) to receive income during the early part of an otherwise unpaid FMLA absence. An employer may require the two to run concurrently, so using FMLA does not automatically give you extra paid hours beyond what you have accrued.
Local Ordinances
Nevada does not have a patchwork of city or county paid-sick-leave ordinances the way some states do. The statewide NRS 608.0197 standard is the controlling rule for private employers across Las Vegas, Reno, Henderson, and the rest of the state. Because Nevada sets a single statewide floor, you generally do not need to research separate municipal sick-leave laws, though local governments may offer their own employees additional benefits.
The Federal Baseline for Comparison
There is no federal law requiring private employers to provide paid sick leave. The Fair Labor Standards Act (FLSA) sets a federal minimum wage of $7.25 per hour and requires overtime after 40 hours in a workweek, but it says nothing about paid time off. FMLA, as noted, guarantees only unpaid leave. So Nevada's guaranteed paid leave goes meaningfully beyond the federal floor. For context, Nevada's own minimum wage is well above the federal rate; as of 2026 the statewide minimum wage is $12.00 per hour, but because state wage figures can change, confirm the current rate with the Office of the Labor Commissioner before relying on it.
How to Enforce Your Rights
Employers must keep records of paid leave accrued and taken for at least one year, and they must make those records available to the employee on request. Retaliation is prohibited: an employer cannot deny, fire, threaten, or otherwise discriminate against you for using paid leave you are entitled to.
If you believe your employer is not providing required paid leave, is miscalculating accrual, or has retaliated against you, the agency to contact is the Nevada Office of the Labor Commissioner, which is part of the Nevada Department of Business and Industry. You can file a wage-and-hour or labor complaint with that office. Before filing, it helps to gather your pay stubs, your employee handbook or PTO policy, your work schedule showing hours worked, and any written communications about leave requests and denials.
Because this is a legal matter that affects your income, verify the current rules directly. The text of the statute is found at NRS 608.0197, and the Office of the Labor Commissioner publishes guidance and answers frequently asked questions about how the law is applied. If your situation is complex, especially where FMLA, disability accommodation, or termination overlap, consider consulting a Nevada employment attorney.
This article is general information, not legal advice. Laws and posted figures change, so confirm any specific number or deadline with the Nevada Office of the Labor Commissioner or qualified counsel before acting.
Official Nevada Sources
This page is based on Nevada employment law. Rules and figures change — verify the current details directly with the official Nevada sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Nevada state law.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
