So many people say that Nevada doesn’t have any protections for pregnant employees.
“Nevada doesn’t have maternity leave.” “Nevada employers don’t have to accommodate pregnant moms.” “Better wait to have another baby until you can leave the state.”
Or even –
“We’re a ‘Right to Work’ state, so if you’re pregnant, you’re SOL.”
But this just isn’t true!
As I explored in a recent blog post, the Battle Born State is not necessarily behind the times. (No, we don’t have a state program for paid maternity leave – but that’s another blog post…)
In 2017, Nevada passed a series of statutes specifically designed to protect you when you are pregnant in the workplace. These are codified in the Nevada Revised Statutes – the NRS – and they are the law of the land. These statutes were introduced as part of Nevada’s efforts to strengthen workplace protections for pregnant employees and went into effect in almost eight years ago. So the idea that these protections are “new,” or that Nevada employers “don’t understand them,” is garbage.
No, they’re not new. No, you shouldn’t have to jump through hoops to access them.
When passing these laws, the Nevada Legislature highlighted the importance of ensuring that pregnant women receive reasonable workplace accommodations. As we know, women are often primary earners for their families! To that end, our legislature wrote specific laws with the intent to prevent pregnancy-related discrimination and ensure women have equal workforce participation. These laws marked a significant step forward in protecting the economic security and well-being of Nevada’s working mothers.
If you’re a pregnant worker in Nevada, it’s essential to know what rights and accommodations are available to you under the law. Armed with this knowledge, you can confidently engage with your employer about accessing these protections, ensuring that your health, employment, and financial security are safeguarded.
And always remember – these are rights that we have on top of federal laws that protect us as pregnant employees. These may include FMLA and the ADA, depending on your individual situation. (In general, states can only add on rights that the federal government already protects; they can’t take rights away.)
1. Notice of Rights: NRS 613.4377
Knowledge is power, and employers in Nevada are required to make sure that pregnant employees are aware of their rights. NRS 613.4377 mandates that employers provide written or electronic notice to employees informing them of their rights to be free from discriminatory employment practices and to request reasonable accommodations related to pregnancy, childbirth, or related medical conditions.
What this means for you: You should receive this notice at two key points in your employment—first, when you begin working for the company, and second, within 10 days after informing your employer that you’re pregnant. Additionally, employers are required to post this information in a visible area within the workplace.
If you haven’t received this notice after informing your employer about your pregnancy, follow up with them to ensure you get it. This document is important because it provides a clear outline of your rights and serves as a reference for discussing accommodations or addressing discrimination in the workplace.
2. Reasonable Accommodations for Pregnant Workers: NRS 613.4368, 613.4371
The Nevada legislature acknowledges the importance of keeping pregnant women in the workforce and ensuring that they’re provided with the accommodations they need to remain healthy and productive. NRS 613.4368 outlines the legislative intent to protect pregnant workers from discrimination and to promote their full participation in the workforce.
NRS 613.4371 takes this one step further by requiring employers to engage in an interactive process with pregnant employees to determine appropriate accommodations. Reasonable accommodations can include anything from modifying equipment and revising break schedules to providing light duty or a modified work schedule.
Importantly, the statute explicitly requires that the accommodations allow you to continue performing the essential functions of your job while maintaining equal benefits and privileges of employment. This means different things for different jobs. You may want to consult your job description (ask your HR department for one if you don’t have a copy) to learn what the “essential functions” of your job are.
What this means for you: If you need adjustments at work due to your pregnancy, you have the legal right to request reasonable accommodations. This could be as simple as modifying your workstation, providing additional breaks, or reducing heavy lifting duties. When you request accommodations, your employer is required to engage in a good faith process to determine what changes can be made to support you.
If your employer denies your request without exploring alternative solutions, they may be violating your rights under NRS 613.4371. Remember, you don’t have to accept any accommodations you didn’t ask for—such as being forced to take leave if other reasonable options exist.
3. Access to Leave for Pregnancy: NRS 613.335
Under Nevada law, employers are required to treat pregnancy-related conditions like any other medical condition. NRS 613.335 states that if an employer offers leave to employees for medical reasons, they must also provide the same leave to employees who are pregnant. This includes both paid and unpaid leave as well as leave without loss of seniority.
What this means for you: If your employer provides sick leave or disability leave to employees for other medical conditions, you are entitled to use the same leave for pregnancy-related conditions. This applies before and after childbirth, miscarriage, or any other natural resolution of your pregnancy. Employers cannot refuse to extend these benefits to you simply because your condition is related to pregnancy.
If your employer offers paid leave for sickness, be sure to discuss with them how those same benefits will apply to you as your pregnancy progresses. If they refuse or provide inconsistent information, you are within your rights to bring up the protections afforded by this statute.
4. Protection from Retaliation: NRS 613.438
One of the biggest fears many pregnant workers face is the risk of retaliation after requesting accommodations or asserting their rights. NRS 613.438 addresses this concern by making it illegal for employers to take adverse actions against employees because they requested or used reasonable accommodations. This includes actions like demoting you, refusing to promote you, transferring you to a different position, or refusing to reinstate you to your original position after your maternity leave.
What this means for you: If you’ve requested an accommodation and subsequently notice changes to your work conditions—such as being passed over for promotions, given undesirable tasks, or forced to transfer to a different position—this may be a violation of Nevada law. You cannot be punished for advocating for your rights, and any changes to your work that negatively impact you after requesting accommodations should be questioned.
Additionally, if your employer suggests that you take unpaid leave rather than offering accommodations that would allow you to continue working, you should remind them that NRS 613.438 explicitly prohibits this practice. You have the right to continue working with accommodations, as long as those accommodations are reasonable and effective.
How to Use These Protections When Talking to Your Employer
It’s one thing to understand your rights. It’s another to assert them confidently. No one said this part was easy! It can be hard to stand up for yourself. So, when discussing accommodations or leave with your employer, here are a few strategies to keep in mind:
- Be clear and proactive: When requesting accommodations, be specific about what you need and how it will help you perform your job. Refer directly to the tasks that may be difficult for you to manage and propose reasonable solutions that align with NRS 613.4371.
- Engage in the interactive process: Remember, both you and your employer are required to engage in a “good faith” interactive process to determine accommodations. If your employer suggests a solution that isn’t feasible for you, continue the conversation. This is a two-way dialogue, and you should feel empowered to participate fully in the discussion.
- Document EVERYTHING: Keep a record of your requests, conversations with your employer, and any responses you receive. This documentation will be valuable if you need to reference specific interactions later on, especially if your employer denies your request or attempts to take adverse action against you.
- Know when to seek help: If you feel that your employer is not following Nevada law – or worse, if they retaliate against you for asserting your rights – it may be time to seek legal assistance. Knowing that help is available. You can reach out to me if you need help – and if I’m not the expert you need, we’ll point you in the right direction.
*As always, this post consists of legal information–not legal advice. If you need help with your specific legal situation, please contact an attorney licensed to practice in your jurisdiction.