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New Nevada Pregnant Workers’ Fairness Act

Are You in Compliance with the New Nevada Pregnant Workers’ Fairness Act?
By: Melissa Marsh, M
A, SPHR, SHRM-SCP

Did you know that Nevada employers have a new legal obligation to pregnant employees? On June 2, 2017, the Nevada Pregnant Workers’ Fairness Act (SB 253) was adopted and it applies to employers with 15 or more employees. Notice requirements under this bill went into effect on June 2, 2017, and the remainder of the Act becomes effective on October 1, 2017.

The Act requires that employers must give certain notices to all employees and additional notices to pregnant employees within a specific timeline of learning about the pregnancy.

According to labor attorney, Molly Malone Rezac with Ogletree, Deakins, Nash, Smoak & Stewart, P.C.:

there are three specific times when notice must be provided:

  1. The employer shall post the notice in a conspicuous place at the place of business of the employer that is located in an area accessible to employees.
  2. The employer shall provide the notice to all new employees.
  3. The employer shall provide the notice (again) to an employee, within 10 days after the employee notifies their immediate supervisor that they are pregnant.

Additionally, we recommend providing a written or electronic copy of the notice to all of your existing employees as soon as possible in addition to complying with the posting requirement. After that, you will only need to provide the notice to your new employees and those subject to the “10-day” notice provision. Though not explicitly required we recommend that you require some form of employee acknowledgement for receipt of the notice and retain records of this acknowledgement for all notices provided to new employees and to employees subject to the “10-day” notice provision.

Some final considerations include making sure your supervisors are aware of this new law and the notice requirements, particularly the “10-day” notice. We would recommend that the employer remind or refresh its supervisors of this obligation on an ongoing basis. Lastly, if your workforce is not primarily English speaking you may want to have the notice translated accordingly.”

Download and print the Nevada Pregnant Workers’ Fairness Act poster issued by the State of Nevada. Then, post it near your other required labor law postings.

If you would like legal guidance on this issue, contact Molly Rezac at molly.rezac@ogletree.com. If you would like more information about all labor law posting requirements, contact us at HRinDemand.

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