Nevada took a distinctive approach to paid leave when it passed SB 312 in 2019, effective January 1, 2020, and now codified at NRS 608.0197. Rather than creating a narrowly defined sick leave law, Nevada created a broad any-reason paid leave entitlement — at least 0.01923 hours for every hour worked, about 40 hours a year for a full-time employee, that employees can use for any purpose without giving a reason. The catch: it only covers private employers with 50 or more employees in Nevada.
That employer-size threshold makes Nevada's law narrower than New Mexico's, which covers all employers, and than Maine's, which covers employers with more than 10. But for Nevada workers at covered employers — which includes most of the Las Vegas hospitality sector, the state's large logistics employers, and tech companies in Reno — it is a real and enforceable right.
⚖️ Nevada Paid Leave Law — At a Glance (SB 312)
Who SB 312 Covers — and Who It Doesn't
The 50-employee threshold in Nevada's paid leave law is firm: NRS 608.0197(9)(b) defines "employer" as "a private employer who has 50 or more employees in private employment in this State." Private employers with 49 or fewer Nevada employees have no obligation under it. This leaves a significant portion of Nevada's workforce uncovered — particularly in small hospitality businesses, independent restaurants, and small retail operations. Two further exemptions apply even to large employers: a business is not required to comply for its first 2 years of operation (§ 608.0197(7)), and the section does not apply to an employer whose contract, policy or collective bargaining agreement already gives all scheduled employees paid leave or PTO at a rate of at least 0.01923 hours per hour worked (§ 608.0197(8)(a)).
At a covered employer, the law excludes temporary, seasonal and on-call employees (§ 608.0197(8)(b)). Part-time employees are covered and accrue in proportion to the hours they work. Independent contractors are not employees and are not covered.
How Nevada Paid Leave Accrues
Under NRS 608.0197(1)(a), an employee is entitled to "at least 0.01923 hours of paid leave for each hour of work performed." For a full-time employee working 2,080 hours per year, that works out to 40 hours. Part-time employees accrue proportionally, and an employee who works more than 2,080 hours accrues more — the statute sets a rate, not an annual total.
A few important mechanics:
- Accrual begins on the first day of employment, but an employer must allow the leave to be used only "beginning on the 90th calendar day" of employment (§ 608.0197(2)(a)).
- The employer chooses the method: front-load the year's hours on the first day of each benefit year, or let them accrue over the year (§ 608.0197(1)(b)).
- A "benefit year" is any 365-day period the employer uses to calculate accrual (§ 608.0197(9)(a)).
- Leave is paid at the employee's rate of pay when it is taken, on the normal payday; for salaried, commission or piece-rate workers the rate is the average of the preceding 90 days, excluding discretionary bonuses, overtime and tips (§ 608.0197(1)(d)–(e)).
- The employer must give an accounting of available paid leave on every payday, may set a minimum increment of up to 4 hours, and must keep records for one year (§ 608.0197(1)(g)–(h), (5)).
Any-Reason Use: Nevada's Distinctive Approach
Most paid leave laws in the United States are structured as sick leave — employees must have a medical reason, a family care need, or a qualifying event. Nevada's is different. From the 90th day, an employer "shall allow an employee to use paid leave for any use," and an employee may use it "without providing a reason" (§ 608.0197(2)(b)–(c)). The employee must give notice "as soon as practicable," and the employer may not require the employee to find a replacement worker or retaliate for using the leave (§ 608.0197(2)(d), (3)).
The result is a simpler, more flexible leave bank than most states' sick leave laws — similar in design to Maine's Earned Paid Leave law, which was enacted the same year.
| Nevada SB 312 | Typical Sick Leave Laws |
|---|---|
| Any reason — no documentation needed | Qualifying reason required (illness, family care, etc.) |
| No reason required; notice "as soon as practicable" | Employer may request documentation for 3+ consecutive days |
| Accrues by the hour | Varies by law |
| Employer may cap use at 40 hours per benefit year | Often 40–72 hours depending on state |
| 50+ employee threshold | Many state sick laws cover all employers |
Carryover, Caps, and Year-End Rules
NRS 608.0197(1)(c) provides that leave accrued over the year "may carry over … between his or her benefit years of employment, except an employer may limit the amount of paid leave for each employee carried over to a maximum of 40 hours per benefit year." Three limits shape how much an employee can actually bank and use:
- Carryover cap: An employer may cap the hours carried into the next benefit year at 40.
- Usage cap: An employer may limit the leave an employee uses to 40 hours per benefit year (§ 608.0197(1)(f)), even if more is banked.
- Front-loading: The carryover provision is written for leave accrued over the year. An employer that front-loads the full year's hours on the first day of each benefit year is not using that method, so the statute's carryover language does not squarely address it — check the employer's written policy.
PTO Payout at Termination in Nevada
The paid leave law answers the payout question directly: an employer "may, but is not required to, compensate an employee for any unused paid leave … upon separation from employment" (§ 608.0197(1)(i)). There is one protection: if an employee who did not leave voluntarily is rehired by the same employer within 90 days, the unused hours "must be reinstated." No Nevada statute requires payout of a separate vacation or PTO benefit either, so whether one is owed turns on what the employer's policy or contract promises. Where it is owed, it is due on the final-pay timetable below.
The practical upshot: read the policy. A clear promise to pay out accrued vacation or PTO at separation is the employee's best evidence; a clear forfeiture provision is the employer's.
| Policy Scenario | Nevada Outcome |
|---|---|
| Policy says "accrued PTO paid out at termination" | Owed under the policy — due on the final-pay timetable |
| Policy says "leave forfeited at separation" | No statute requires payout, so nothing is owed beyond the policy |
| Policy silent on termination | No statutory default — turns on the policy's terms and how the employer has applied them |
| SB 312 leave only, no separate vacation benefit | Not required (§ 608.0197(1)(i)); unused hours reinstated if rehired within 90 days after an involuntary separation |
Domestic Violence Leave and Family Sick Leave
Domestic violence or sexual assault leave (NRS 608.0198). Separate from the paid leave law, and with no employer-size threshold, an employee who has worked for an employer for at least 90 days and who is a victim of domestic violence or sexual assault — or whose family or household member is — is entitled to up to 160 hours of leave in a 12-month period. The leave "may be paid or unpaid by the employer," must be used within 12 months of the act, and may be taken consecutively or intermittently, for medical care, counseling, court proceedings or safety planning. After the first leave taken, the employee must give at least 48 hours' notice of further hours, and the employer may ask for documentation such as a police report or protective-order application, which it must keep confidential.
Family use of sick leave (NRS 608.01975). Since 2021, any employer that provides paid or unpaid sick leave must let employees use it to care for an immediate family member with an illness, injury, medical appointment or other medical need, on the same terms as their own use. The employer may limit family use to no less than the sick leave the employee accrues in six months. The rule does not apply to employees covered by a collective bargaining agreement.
For Employers: SB 312 Compliance Checklist
- ☐ Confirm whether you have 50 or more employees in private employment in Nevada — and whether you are past your first 2 years of operation
- ☐ Check whether an existing PTO policy already gives all scheduled employees at least 0.01923 hours per hour worked (§ 608.0197(8)(a) exemption)
- ☐ Decide: front-load at the start of each benefit year, or accrue per hour worked?
- ☐ Configure payroll to track accrual from day one, allow use from the 90th calendar day, and show available leave on every payday
- ☐ Define any 40-hour carryover cap, 40-hour use cap and minimum increment (up to 4 hours) in writing
- ☐ Post the Labor Commissioner's paid leave bulletin and keep leave records for one year
- ☐ State whether unused leave is paid out at separation, and reinstate it for anyone rehired within 90 days after an involuntary separation
- ☐ Cover NRS 608.0198 domestic violence leave (all employers) and NRS 608.01975 family use of sick leave
Plan Your Nevada PTO Year
With about 40 hours a year of any-reason leave available, the question isn't whether to use it — it's when. Use our PTO Optimizer to find the windows that stretch your time off furthest.
Optimize my PTO →Final Paycheck Timing in Nevada
Nevada runs two different clocks, and which one applies depends on who ended the job. Under NRS 608.020, when an employer discharges an employee, "wages and compensation earned and unpaid at the time of such discharge shall become due and payable immediately." Under NRS 608.030, an employee who resigns or quits is paid at whichever comes first: the regular payday, or seven days after quitting.
The penalty provision is the part most often misreported, including in guides that describe Nevada as a "three-day" state. It is not a deadline. NRS 608.040 provides that where an employer fails to pay a discharged employee within three days of the discharge — or fails to pay a resigning employee by the date NRS 608.030 sets — the employee's wages "continue at the same rate … until paid or for 30 days, whichever is less." The three days is the point at which the penalty starts running; the wages themselves were due immediately. An employer that pays on day two has met the deadline; one that pays on day four owes continuation wages from the start.
Thirty days of continuing wages is a substantial exposure: on an eight-hour day it approximates a further month's pay on top of whatever was owed.
Frequently Asked Questions
How quickly must a Nevada employer issue my final paycheck?
It depends on how the job ended. If you were discharged, NRS 608.020 makes your earned, unpaid wages due and payable immediately. If you resigned, NRS 608.030 gives your employer until the earlier of your regular payday or seven days after you quit. Nevada is often described as a "three-day" state, and that is a misreading: the three days in NRS 608.040 is when the penalty begins, not when the wages are due. Once it is triggered, your wages continue at the same rate until you are paid or for 30 days, whichever is less.
Does Nevada require paid leave?
Yes, for larger employers. NRS 608.0197 (SB 312, effective January 1, 2020) requires private employers with 50 or more employees in Nevada to provide at least 0.01923 hours of paid leave per hour worked — about 40 hours a year for a full-time employee. Employees can use it for any reason, without giving one. Employers with fewer than 50 Nevada employees, and businesses in their first 2 years of operation, are not covered, and temporary, seasonal and on-call employees are excluded.
When can Nevada employees start using paid leave?
An employer must allow paid leave to be used beginning on the 90th calendar day of employment (NRS 608.0197(2)(a)). Leave accrues from the first day of work at 0.01923 hours per hour worked, or the employer may front-load the year's hours at the start of each benefit year.
Does Nevada require PTO payout at termination?
No. NRS 608.0197(1)(i) says an employer "may, but is not required to," pay for unused paid leave at separation — though if an employee who did not quit is rehired within 90 days, the unused hours must be reinstated. No Nevada statute requires payout of a separate vacation or PTO benefit either; whether one is owed depends on the employer's policy or contract.
Can Nevada employers use existing PTO policies to satisfy SB 312?
Yes. Under NRS 608.0197(8)(a), the paid leave law does not apply to an employer that, under a contract, policy, collective bargaining agreement or other agreement, provides a paid leave or paid time off policy to all scheduled employees at a rate of at least 0.01923 hours per hour worked. The exemption is framed by rate and coverage: the policy must reach all scheduled employees at that rate or better.
Does Nevada paid leave carry over?
Leave accrued over the year carries over to the next benefit year, but the employer may cap the carryover at 40 hours (NRS 608.0197(1)(c)) and may limit use to 40 hours per benefit year (§ 608.0197(1)(f)). The carryover provision is written for accrued leave; if your employer front-loads your hours each benefit year, check its written policy on unused hours.
Are there other leave requirements in Nevada beyond the paid leave law?
Yes. NRS 608.0198 gives employees of any size of employer who have worked there at least 90 days up to 160 hours of leave in a 12-month period when they or a family or household member are victims of domestic violence or sexual assault; the employer may make it paid or unpaid. And NRS 608.01975 requires any employer that offers sick leave to let employees use it to care for immediate family members, subject to a cap of no less than six months' accrual.
Sources
- NRS 608.0197 — Paid leave (0.01923 hours per hour; 90th-day use; 40-hour carryover and use caps; no payout duty; 2-year and existing-policy exemptions; temporary, seasonal and on-call excluded)
- NRS 608.01975 — Family use of sick leave
- NRS 608.0198 — Domestic violence and sexual assault leave
- NRS 608.020–608.040 — Final pay and the continuing-wage penalty