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Nevada Leave of Absence (FMLA): What you need to know

Some states have laws that require private employers to grant employees time off for the birth or adoption of a child, or to care for a family member with a serious illness, but Nevada does not have such a law. However, Nevada employers with 50 or more employees may have leave obligations under the federal Family and Medical Leave Act (FMLA). There is additional information and details on the FMLA.
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The Nevada Domestic Partnership Act provides legal recognition of domestic partnerships and creates a registry for domestic partnerships in the secretary of state's office (Senate Bill 283). The law requires that domestic partners have the same rights, protections, benefits, responsibilities, obligations, and duties that spouses have under state law. Same-sex and opposite-sex couples may enter into a domestic partnership. The law expressly states that a domestic partnership is not a marriage under the state constitution (NV Const. Art. 1 Sec. 21).
Interaction with federal FMLA. Under the federal FMLA, a covered "spouse" is a husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides. The U.S. Supreme Court’s 2013 decision in United States v. Windsor (S.Ct. No. 12-307, June 26, 2013)held that the federal Defense of Marriage Act’s (DOMA) definition of "marriage" as a legal union between one man and one woman is unconstitutional. However, because Nevada state law recognizes domestic partnerships but not marriages between same-sex couples, the federal FMLA’s definition of a “spouse” will still not apply to employees in a domestic partnership with his or her same-sex partner.
Nevada has formally ...

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