Nevada Military Leave Requirements
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Employees who serve in the military may be entitled to significant employment protections under both Nevada and federal law.
For employers, military leave can raise questions about time away from work, benefits, reemployment, seniority, compensation, discrimination, and how to return an employee to work after military service.
Nevada employers should understand both state military leave protections and the federal Uniformed Services Employment and Reemployment Rights Act (USERRA).
What Is USERRA?
The Uniformed Services Employment and Reemployment Rights Act, commonly called USERRA, is the primary federal law protecting civilian employment rights for individuals performing qualifying military service.
USERRA applies broadly to employers regardless of size and provides qualifying employees with protections related to military leave, discrimination, benefits, and reemployment.
Employees may be protected whether their military service is voluntary or involuntary.
Who Is Protected Under USERRA?
USERRA can protect employees performing qualifying service in the uniformed services, including certain periods of:
- Active duty
- Active duty for training
- Initial active duty training
- Inactive duty training
- National Guard service
- Military drills and training
- Certain examinations related to military service
USERRA also protects individuals from employment discrimination based on past, present, or future military obligations.
An employer cannot unlawfully deny employment, reemployment, retention, promotion, or employment benefits because of an individual’s protected military status or obligations.
Nevada National Guard Employment Protections
Nevada law provides additional protections for members of the Nevada National Guard and qualifying members of another state’s National Guard who are employed in Nevada.
Employers generally cannot terminate a protected Guard member because the employee participates in required training, field training, active duty, required meetings, or qualifying active service or duty.
Violations can result in penalties, including an administrative penalty of up to $5,000 for each violation under Nevada law.
Employees whose employment is unlawfully terminated may also have rights involving reemployment, restoration of seniority and benefits, lost wages and benefits, and other remedies.
Because military leave decisions can involve both Nevada and federal requirements, employers should consider seeking guidance before taking adverse employment action.
Learn more about NAE’s Legal Services.
Does an Employee Have the Right to Return to Work?
USERRA establishes reemployment rights for qualifying service members.
Generally, an employee seeking USERRA reemployment protections must satisfy requirements involving:
- Leaving employment for qualifying military service
- Providing advance notice when required
- Remaining within applicable cumulative service limits
- Receiving a qualifying separation from military service
- Reporting back to work or applying for reemployment within the applicable deadline
USERRA generally allows up to five years of cumulative military service with a particular employer, but important exceptions mean some periods of service do not count toward that limit.
Employers should evaluate the individual circumstances before determining that an employee has exhausted USERRA protections.
What Position Does the Employee Return To?
USERRA’s reemployment requirements involve more than simply offering the employee any available position.
The law generally uses what is known as the escalator principle.
The returning employee may be entitled to the position, status, seniority, and compensation the employee would have attained if continuously employed during the period of military service.
Depending on the circumstances, employers may also be required to make reasonable efforts to help the employee qualify for the appropriate reemployment position, including certain training or retraining.
How Quickly Must Employees Return After Military Leave?
The employee’s deadline for returning or applying for reemployment generally depends on the length of military service.
Service of Fewer Than 31 Days
The employee generally must report for the first regularly scheduled work period after completing service, allowing sufficient time for safe transportation home and an eight-hour rest period.
Service of 31 to 180 Days
The employee generally must apply for reemployment within 14 days after completing military service.
Service of 181 Days or More
The employee generally must apply for reemployment within 90 days after completing military service.
Different or extended deadlines may apply when an employee is recovering from an injury or illness incurred or aggravated during military service or when circumstances make timely reporting impossible or unreasonable.
Does Military Leave Have to Be Paid?
USERRA generally does not require private employers to pay employees their regular wages while they perform military service.
However, employers should evaluate their existing leave policies, employment agreements, collective bargaining agreements, and applicable federal requirements before deciding how to treat military leave.
Nevada also has separate paid military leave provisions that apply to certain public officers and public employees.
Employers should therefore be careful not to assume that rules applying to Nevada public employees automatically apply to every private-sector employer.
Health Insurance During Military Leave
Military leave can also affect employee benefits.
USERRA gives qualifying employees rights to continue employer-sponsored health coverage during certain periods of military service.
Returning employees may also have rights to reinstatement in the employer’s health plan without certain waiting periods or exclusions.
HR and benefits administrators should coordinate military leave rather than treating it solely as an attendance or scheduling matter.
Seniority and Benefits After Military Service
Returning service members may also have rights involving:
- Seniority
- Compensation
- Retirement benefits
- Health benefits
- Status
- Promotions
- Other benefits tied to seniority
Employers should evaluate what would likely have happened to the employee’s position if the employee had remained continuously employed.
This can be particularly important when compensation structures, job classifications, or organizational structures changed while the employee was serving.
NAE’s Compensation Services can assist employers with broader compensation planning and benchmarking needs.
Military Service Discrimination and Retaliation
Military obligations should not be treated as a negative factor in employment decisions.
USERRA prohibits certain discrimination based on an individual’s past, present, or future military obligations.
Protections can extend to decisions involving:
- Hiring
- Promotion
- Reemployment
- Retention
- Compensation and benefits
- Other employment opportunities
Federal law also prohibits retaliation against individuals for exercising USERRA rights or participating in the enforcement of those rights.
Managers should be trained to involve HR before taking adverse employment action involving an employee’s military service or obligations.
USERRA Workplace Notice Requirements
Employers must provide employees with notice of their USERRA rights, benefits, and obligations.
One way employers can satisfy the federal requirement is by displaying the appropriate USERRA notice where other employee notices are normally posted.
Employers should periodically review required workplace postings along with their employee handbook and HR procedures.
Get Help With Nevada Military Leave Requirements
Military leave can become complicated quickly, particularly when an employer must determine reemployment rights, benefits, seniority, compensation, or the appropriate position for a returning service member.
The Nevada Association of Employers provides HR resources and employment law support specifically for Nevada businesses.
Employers can get an HR Assistant for hands-on HR support or explore upcoming Training & HR Events to keep managers and HR professionals informed.
What Should a Military Leave Policy Include?
A comprehensive military leave policy may address:
- Employee notification procedures
- Military orders and documentation
- Leave administration
- Benefits during military leave
- Paid and unpaid leave
- Procedures for returning to work
- Reemployment rights
- Seniority and benefit restoration
- Anti-discrimination protections
- Anti-retaliation protections
- USERRA requirements
- Nevada National Guard protections
Because military leave involves overlapping federal and state laws, employers should review their policies periodically.
NAE can review your Employee Handbook or conduct an HR Audit to help identify areas requiring attention.
Questions About Military Leave?
Before making an employment decision involving an employee’s military obligations, make sure your organization understands both Nevada law and USERRA.
Contact NAE for assistance with your HR and employment law questions. For ongoing Nevada employer resources, training, and HR support, join NAE.
This information is provided for general educational purposes and should not be considered legal advice.
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