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Citizens of Nevada are protected by the Federal Family and Medical Leave Act (FMLA). In addition, certain regulations also apply to state employees. Furthermore, public service employees may be eligible for catastrophic leave. The other sections of this article contain a brief summary of these laws. For more details, see: offsite link.

If you are considering taking leave, it is advisable toconsult with your Human Resource Office for additional details. Preferably speak with a supervisor to help assure accuracy of the information you receive.

For information, see:

Family and Medical Leave

Who Is Eligible?

To be eligible for Family Leave you must be an employee holding a position in the public service (any office, department, board, commission, bureau, agency or institution of the executive department of the State government) and you must have:

  1. Been employed by your employer for at least 12 months, and
  2. Worked at least 1,250 hours of paid service in the previous 12-month period.

How Much Leave Will I Get?

12 weeks during the 12-month period measured backward from the date you begin using Family and Medical Leave.

What Are Legitimate Reasons To Use Leave?

  1. Because of your own serious health condition which makes you unable to perform one or more essential functions of your position.
  2. Because of the birth of your child (must take leave within 12 months of birth).
  3. Because of adoption or the placement of a foster child (must take leave within 12 months of placement).
  4. In order to care for your spouse, child or parent who has a serious health condition.

Is Family Leave Paid?

No. Family and Medical Leave is unpaid leave. However, you are required to exhaust all of your sick leave, accrued annual leave, catastrophic leave (see below), and holiday pay before you can take unpaid leave pursuant to the Family and Medical Leave law.

Exception: If you are absent from work because of a work-related injury or illness and are otherwise eligible for Family and Medical Leave, then any time you are absent from work is designated as Family and Medical Leave and you may elect to use paid leave for any portion of that absence.

Is A Doctor's Note Required?

Yes. You must provide medical documentation for any leave taken under the Family and Medical Leave law.

Catastrophic Leave Donations

What Is Catastrophic Leave?

Catastrophic leave may be available to public service employees if you or a member of your immediate family experiences a "catastrophe" and you have exhausted all of your accrued leave.

What Is A "Catastrophe"?

A "catastrophe" is:

  1. When you or an immediate family member suffers a serious illness or accident which is life threatening or which will require a lengthy convalescence, and therefore you are unable to perform the duties of your position. OR
  2. When there is a death in your immediate family.

How Do I Apply For Catastrophic Leave?

You must request catastrophic leave in writing. You must specify the number of hours you wish to be transferred from the catastrophic leave "bank," your name, title, and classification, a description of the catastrophe, and the expected duration of your leave.

How Much Leave Can I Take?

The maximum number of catastrophic leave hours you may take is 1,040 during any calendar year.

Is Catastrophic Leave Paid Leave?


Who Can Donate Leave?

Any public service employee can elect to transfer hours of catastrophic leave to any other eligible employee. An employee may transfer as few as 8 hours and as many as 120 hours per calendar year. However, the transferring employee must keep at least 240 hours of sick leave for their own use.

Researched and written by:

Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NY