AB112 - Removes an exemption from provisions providing certain employees with the right to use sick leave to assist family members. (BDR 53-318)

- 83rd Session (2025) Assembly Bill No. 112–Assemblymember Nguyen CHAPTER.......... AN ACT relating to employment; removing an exemption for employees covered under a valid collective bargaining agreement from provisions providing certain employees with the right to use sick leave to assist a member of the employee’s immediate family with certain medical needs; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law 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. Existing law exempts an employer from this requirement if the employee is covered under a valid collective bargaining agreement. (NRS 608.01975) Section 1 of this bill eliminates the exemption, thereby making the requirement applicable to an employer even if the employee is covered under a valid collective bargaining agreement. Section 1 also provides that the obligation of an employer to comply with a collective bargaining agreement, policy of the employer, employment contract or applicable local, state or federal law that provides the same or a more generous sick leave benefit is not diminished by the provisions of section 1. Section 2 of this bill provides that the amendatory provisions of section 1 do not apply during the current term of any collective bargaining agreement entered into before October 1, 2025, but do apply to any extension or renewal of such an agreement and to any collective bargaining agreement entered into on or after October 1, 2025. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 608.01975 is hereby amended to read as follows: 608.01975 1. Except as otherwise provided in this section, if an employer provides paid or unpaid sick leave for the use of his or her employees, the employer must allow an employee to use any accrued sick leave to assist a member of the immediate family of the employee who has an illness, injury, medical appointment or other authorized medical need to the same extent and under the same conditions that apply to the employee when taking such leave. 2. An employer may limit the amount of sick leave that an employee may use pursuant to subsection 1 to an amount which is equal to not less than the amount of sick leave that the employee accrues during a 6-month period. – 2 – - 83rd Session (2025) 3. The Labor Commissioner shall prepare a bulletin which clearly sets forth an explanation of the provisions of this section. The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of Labor Commissioner and shall require each employer that provides sick leave to employees 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 NRS 608.013. 4. The provisions of this section shall not be construed to: (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; (c) Prohibit, preempt or discourage any contract or other agreement that provides a more generous sick leave benefit or paid time off benefit; or (d) Extend the maximum amount of leave to which an employee is entitled to take pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq. ; or (e) Diminish the obligation of an employer to comply with any of the following that provide the same or a more generous sick leave benefit: (1) A collective bargaining agreement; (2) A policy of the employer; (3) An employment contract; or (4) Any applicable local, state or federal law. 5. 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 prosecute a violation of this section or for exercising any rights afforded by this section. 6. The provisions of this section do not apply [: (a) To] to the extent prohibited by federal law . [; or (b) With regard to an employee of the employer if the employee is covered under a valid collective bargaining agreement.] 7. As used in this section, “immediate family” means: (a) The child, foster child, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent of an employee; or (b) Any person for whom the employee is the legal guardian. Sec. 2. Insofar as they conflict with the provisions of such an agreement, the amendatory provisions of this act do not apply during the current term of any collective bargaining agreement – 3 – - 83rd Session (2025) entered into before October 1, 2025, but do apply to any extension or renewal of such an agreement and to any collective bargaining agreement entered into on or after October 1, 2025. For the purposes of this section, the term of an agreement ends on the date provided in the agreement, notwithstanding any provision of the agreement that remains in effect, in whole or in part, after that date until a successor agreement becomes effective. 20 ~~~~~ 25