LABOR COMMISSIONER ISSUES GUIDANCE ON COVID-19 LEAVE & NON-ESSENTIAL/ESSENTIAL BUSINESSES
COVID-19 LEAVE GUIDANCE
The Nevada Labor Commissioner has issued a guide for employers and employees on leave due to COVID-19. The guidance is directed to private employers of 50 or more employees who are covered by SB312. However, as noted in the guidance dated March 11, 2020, the Labor Commissioner recommends employers with fewer than 50 employees also follow this guide as needed.
The Labor Commissioner’s COVID-19 Leave Guidance says the following:
- If an employee is subject to a mandatory government quarantine by a state, federal, or local agency and is unable to report to work, the employer should not count the mandatory government quarantine time as leave that is counted against the employee or taken from their leave balance. Because employees may not be accruing any type of leave or pay while under a mandatory government quarantine situation, this type of separation and/or leave from employment should not be counted against them.
- An employer is encouraged and can certainly choose to pay an employee for the time they are out on a mandatory government quarantine and offer alternative working arrangements, such as teleworking, or additional paid time off, but is not required to do so.
- The employee could also choose to request to use paid leave or other applicable leave if available while out on a mandatory government quarantine, but that would be at the option of the employee. Family Medical Leave Act (FMLA) leave may also apply to the employee’s situation, condition, and length of absence.
Employers can view the Labor Commissioner’s COVID-19 Leave Guidance here.
LIST OF ESSENTIAL & NON-ESSENTIAL BUSINESSES
In addition to the leave guidance, the Labor Commissioner has also issued a list of businesses her office deems essential and non-essential. Employers can download that list here. Included on the list of essential businesses is health care facilities/operations, child care/daycare facilities, banks, laundromats, veterinary hospitals and pet stores, and construction and repair/services.
Nevada Association of Employers will continue to keep employers informed of the latest on COVID-19 and what resources and guidance are available to employers in Nevada.
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