Nevada to provide unpaid parental leave to employees for school events

A bill (A.B. 243) requiring Nevada employers to provide unpaid parental leave to their employees in order to participate in certain school conferences activities and events was signed into law on May 28, 2009, by Governor Jim Gibbons. The bill takes effect August 15, 2009.

The law requires Nevada employers who employ 50 or more employees to grant to a parent, guardian or custodian of a child enrolled in a private or public school 4 hours of leave from his place of employment, which must be taken in increments of one hour, per school year per child to attend certain school-related activities or events or to volunteer at the school in which his child is enrolled. These events are broadly defined, including: (1) attending parent-teacher conferences; (2) attending school-related activities during regular school hours; (3) volunteering or otherwise be involved at the school in which his child is enrolled during regular school hours; and (4) attending school-sponsored events.

According to the law, the leave must be taken at a mutually agreed upon time and the employer is not required to pay the employee for the leave. The leave is also granted on a per child basis and the employer may require employees to submit a request for leave in writing five school days prior to the date the leave is taken. The employer may also require employees to provide documentation that at the time of the leave that the employee attended or was otherwise involved at the school-related activity. The law does not apply if the employee is afforded the same leave under the same conditions pursuant to a collective bargaining agreement.

Existing law makes it unlawful for any employer or his agent to discharge an employee who is the parent, guardian or custodian of a child enrolled in public school because the person attended a conference requested by a school administrator or was notified of an emergency involving the child at school. In addition, the law revises the prohibited acts in the Nevada Revised Statutes to include demoting, suspending or otherwise discriminating against a parent, guardian or custodian of a child. The law also prohibits the discharge, demotion, suspension or other discrimination of a parent, guardian or custodian of a child who takes leave to attend the school-related activities and authorizes a parent, guardian or custodian of a child who is discharged, demoted, suspended or otherwise discriminated against to file a claim or complaint with the Labor Commissioner. The Labor Commissioner must provide notice and a hearing to the employer.

Violation of the law’s provisions is a misdemeanor. If the Labor Commissioner issues a written decision in favor of the employee, the Labor Commissioner may award lost wages and benefits, liquidated damages in an amount equal to lost wages and benefits, and reinstatement.

Reprinted with permission. © CCH
(Submitted June 12, 2009)

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