COVID-19 Vaccination Leave Guidance

STATE OF NEVADA

OFFICE OF THE LABOR COMMISSIONER

STEVE SISOLAK

1818 COLLEGE PKWY., SUITE 102

GOVERNOR

CARSON CITY, NV 89706

HONE: (775) 684-1890

TERRY REYNOLDS

IRECTOR

OFFICE OF THE LABOR COMMISSIONER

Department of Business & Industry

3300 WEST SAHARA AVE., SUITE 225

SHANNON CHAMBERS

OFFICE OF THE LABOR COMMISSIONER

LAS VEGAS, NV 89102

LABOR COMMISSIONER

www.labor.nv.gov

PHONE: (702) 486-2650

JANUARY 2021

COVID-19 VACCINE/VACCINATION LEAVE GUIDANCE

As the COVID-19 Vaccine/Vaccination rollout continues, the Office of the Labor Commissioner is providing

guidance to employers about providing leave/time for employees to get vaccinated.

Nevada COVID-19 Vaccine

Playbook 3.0 Brief

MANDATORY VACCINATION REQUIREMENTS BY EMPLOYERS SHOULD BE COMBINED

WITH LEAVE FOR EMPLOYEES TO OBTAIN THE 1

DOSE AND 2

DOSE OF THE COVID-19

VACCINE/VACCINATION.

Under the Fair Labor Standards Act (FLSA), if an employer is requiring employees to get vaccinated, the time off for

obtaining the vaccine, even if it is non-working time, is likely to be compensable.

OPTIONAL VACCINATION REQUIREMENTS AND/OR EMPLOYEES THAT CHOOSE TO OBTAIN

THE VACCINE VOLUNTARILY SHOULD BE ALLOWED TO UTILIZE LEAVE, PAID LEAVE, OR

THE POSSIBILITY OF FLEX TIME TO OBTAIN THE AND DOSE OF THE COVID-19

VACCINE.

Employers should review their leave and vaccination policies and revise accordingly to provide leave/time to

employees to obtain the 1

Dose and 2

Dose of the COVID-19 Vaccine.

On January 1, 2020, Senate Bill 312 became effective and stated as follows: “Every employer in private employment

in the State of Nevada with 50 or more employees in the State of Nevada shall provide paid leave that accrues at a

minimum of 0.01923 hours of paid leave for each hour of work performed. An employee is eligible to use leave on

the 90

day of employment.” The employee does not have to provide a reason for the leave.

While the Families First Coronavirus Response Act (FFCRA) did expire on December 31, 2020, employers can still

provide FFCRA leave and receive tax credits for that leave.

Families First Coronavirus Response Act:

Questions and Answers | U.S. Department of Labor (dol.gov)

Employers should consider the following related to the COVID-19 Vaccine:

(1) Is the employer requiring employers to get vaccinated?

(2) Is the employer going to provide employees leave and/or paid leave to get vaccinated?

(3) Will the leave and/or paid leave be deducted from the employees leave hours?

(4) If the employer is not going to require the vaccination for employees, the employer will need to allow employees

to utilize leave, paid leave, provide flex time, or other options for employees who choose to get vaccinated.

The Labor Commissioner recommends that employers and employees visit the following websites for the most

recent information on the vaccine and provide employees with leave, time, and flexibility to obtain the vaccine.

COVID-19 Vaccine | Nevada Health Response (nv.gov)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO

Laws | U.S. Equal Employment Opportunity Commission (eeoc.gov)

COVID-19 Vaccination | CDC