Nevada

Pregnancy and Work in Nevada

Protection Against Pregnancy Discrimination

Under the federal Pregnancy Discrimination Act (PDA), employers with 15 or more employees cannot discriminate against pregnant workers. Employers must treat pregnancy, childbirth, and related medical conditions in the same way as any other temporary medical condition regarding hiring, firing, pay, job assignments, and promotions.
Example: If your employer offers light-duty work for someone with a temporary injury, they must offer it to pregnant employees if needed.
In Nevada, the Nevada Equal Rights Commission (NERC) enforces protections against pregnancy discrimination for workers in the state. Employers cannot treat pregnant employees unfairly or force them to take leave if they are still able to perform their job. To learn more, visit the Nevada Equal Rights Commission.

Workplace Accommodations

Federal law PDA, and the Americans with Disabilities Act (ADA) require reasonable accommodations for pregnancy-related conditions. The Pregnant Workers Fairness Act provides additional protections for pregnant, postpartum, and pumping workers, including accommodations such as:

• Extra breaks;
• Flexible scheduling for doctor appointments;
• Time off to recover from childbirth or miscarriage; and
• Light duty or remote work.

Additionally, for public sector employees in Nevada, state law requires employers to provide suitable positions if the current position is unsafe for pregnancy, as long as it is unfilled, recommended by a doctor, and the employee is qualified. For more information, visit the Nevada Department of Employment, Training & Rehabilitation.

Workplace Safety for Pregnant Workers

Employers must ensure a safe working environment for pregnant employees. Employees can report unsafe conditions to the Occupational Safety and Health Administration (OSHA). Learn more at OSHA.

Taking Time Off Work

Family and Medical Leave Act (FMLA)

Under federal law, eligible employees can take up to 12 weeks of unpaid leave per year for childbirth, bonding with a new child, or serious medical conditions, including pregnancy-related conditions. Eligibility requirements include:

• Working for an employer with 50+ employees within 75 miles;
• Having worked for the employer for at least 12 months; and
• Having logged at least 1,250 hours in the past year.

To learn more, visit FMLA.

Nevada Family Leave Act (NFLA)

Nevada’s Family Leave Act provides similar protections to FMLA but applies to state government employees and private employers with 50+ employees in Nevada. Eligible employees can take up to 12 weeks of unpaid leave in 24 months for pregnancy, childbirth, or family medical reasons. For more details, visit the Nevada Family Leave Act.

Pregnancy Leave

Nevada employers must provide pregnancy-related leave if they offer medical or sick leave for other conditions. The leave may be unpaid unless company policies or contracts specify otherwise.

Returning to Work with a Baby

Break Time for Nursing Mothers

Under the Fair Labor Standards Act (FLSA), employers are required to provide

• Reasonable break times for nursing parents to express breast milk for up to one year after birth
• A private, non-bathroom space for expressing milk

Small businesses with fewer than 50 employees may claim exemptions, but most employers must comply.
Learn more at FLSA Break Time for Nursing Mothers.

Parental Rights for Sick or Family Leave

If a child or family member has a serious health condition, employees may qualify for unpaid leave under FMLA or the Nevada Family Leave Act (NFLA) to provide care.

Workplace Protections for New Parents

Equal Pay

Nevada’s Equal Pay Law ensures that employees receive equal pay for equal work, regardless of gender or parental status. For more information, visit Nevada Equal Pay Law.

Employment Termination

Employers cannot terminate or retaliate against employees for taking protected leave (e.g., FMLA, NFLA) or requesting pregnancy-related accommodations. Employees have job protection under both FMLA and NFLA.

Job Protection

Both FMLA and NFLA guarantee that employees can return to their same or an equivalent position after taking parental leave.

Support for Parents in Nevada

Childcare Assistance

Nevada offers programs like the Child Care and Development Program (CCDP) to help working parents with childcare costs. To learn more, visit CCDP.

Temporary Assistance for Needy Families (TANF)

The TANF program provides financial support to low-income families, including those with new babies. For more information, visit TANF.

Flexible Work Policies

Some Nevada employers may voluntarily offer flexible work arrangements, remote work options, or paid parental leave as part of their employee benefits package.

Breastfeeding-related Rights

The Fair Labor Standards Act (FLSA) mandates that employers provide

• Reasonable break time for an employee to express breast milk for their nursing child for one year after birth; and
• A private, non-bathroom space for pumping milk.

Additionally, the PUMP for Nursing Mothers Act expands these rights to more employees, including agricultural workers, teachers, nurses, truck drivers, home care workers, and managers.

The PUMP Act requires employers to provide

• Reasonable break times for nursing employees to express breast milk; and
• A place to pump that is not a bathroom and is free from intrusion.

Learn more about the PUMP Act at PUMP Act