Having a baby is one of the biggest moments of your life. But figuring out your rights at work? That part can feel overwhelming.
If you work in Nevada, this guide breaks it all down. You’ll learn what laws protect you, how long you can take off, and whether you get paid during that time.
What Is Maternity Leave?
Maternity leave is time off work for pregnancy, childbirth, or recovery after having a baby. It can also include time for prenatal appointments and bonding with your newborn.
Here’s the honest truth about Nevada: the state does not have its own paid maternity leave law. Most of your rights come from federal law. But that does not mean you have no protection. You actually have more rights than many people realize.
The Main Law That Protects You: FMLA
The Family and Medical Leave Act, known as FMLA, is a federal law. It is the foundation of maternity leave rights across the country, including Nevada.
Under FMLA, you can take up to 12 weeks of unpaid leave in one year. That leave is job-protected. That means your employer must hold your job for you while you are gone.
Wondering if this applies to you? There are rules you need to meet first.
Who Qualifies for FMLA in Nevada
Okay, this part is important. Not everyone automatically qualifies. You need to meet three conditions.
First, your employer must have at least 50 employees. Those employees must work within 75 miles of your workplace. Public schools and government agencies are covered no matter their size.
Second, you must have worked for your employer for at least 12 months. Those 12 months do not need to be back-to-back. They just need to add up to a year.
Third, you must have worked at least 1,250 hours in the past 12 months. That is roughly 24 hours per week on average. If you work part-time, this matters to you.
If you meet all three conditions, you qualify. Pretty straightforward, right?
What FMLA Covers During Pregnancy
FMLA covers a lot more than just time off after the baby arrives. This one surprises a lot of people.
You can use FMLA leave for prenatal care. That includes regular checkups and doctor visits during pregnancy. Pregnancy counts as a serious health condition under the law.
You can also take leave for morning sickness or other pregnancy-related conditions that prevent you from working. You do not have to take all 12 weeks at once. If you need a few hours off each morning due to nausea, you can take leave that way. This is called intermittent leave.
After the baby is born, you can take the remaining time to recover and bond with your newborn. You have one year after the birth to use your FMLA leave.
Is FMLA Paid or Unpaid?
Here is the part most people ask about first. FMLA leave is unpaid.
That does not mean you have no options for getting paid. Many people combine FMLA with other benefits. Your employer may allow or require you to use accrued paid time off at the same time as FMLA. That means your PTO and FMLA run together, not back-to-back.
Check your employee handbook. Your company might offer paid short-term disability insurance. That typically covers 6 to 8 weeks at 50 to 70 percent of your regular pay. That is something, right?
Nevada’s Paid Leave Law (It Is Not What You Think)
Nevada passed a paid leave law back in 2019. It took effect on January 1, 2020. Nevada and Maine were the first two states in the country to require employers to offer paid leave for any reason.
Wait, it gets better. But also, there is a catch.
If your employer has 50 or more employees, they must provide you with paid leave. You earn 0.01923 hours of paid leave for every hour you work. That adds up to about 40 hours per year.
Here is the catch: this is not a dedicated maternity leave benefit. It is general paid time off you can use for any reason, including maternity leave. New businesses less than two years old are exempt. You also cannot use this paid leave until you have worked for your employer for three months. And your employer can limit you to taking it in four-hour blocks.
So yes, you can use this leave after having a baby. But 40 hours is only about one week. It is not designed as a full maternity leave program.
The Nevada Pregnant Workers’ Fairness Act
Hold on, this part is important. Nevada has a state law specifically protecting pregnant workers. It is called the Nevada Pregnant Workers’ Fairness Act, or NPWFA.
This law went into effect in October 2017. It applies to employers with 15 or more employees, as well as state and local governments. This is actually a broader threshold than FMLA.
Under this law, your employer must provide you with reasonable accommodations related to pregnancy, childbirth, or related medical conditions. They cannot deny your request unless it would cause serious hardship to the business.
Confused about what counts as a reasonable accommodation? Let me break it down.
Reasonable accommodations can include modified equipment or seating, more frequent bathroom breaks, adjusted work schedules, lighter duty tasks, temporary transfers to a less physically demanding position, and time off to recover from childbirth.
Your employer must work with you in good faith to find an accommodation that works. They cannot force an accommodation on you that you did not ask for. And they cannot fire you, demote you, or take any negative action against you for requesting one.
Personally, I think this law makes a real difference. It protects workers even at smaller companies that may not be covered under FMLA.
Protection Against Pregnancy Discrimination
You’re not alone if you’ve worried about being treated unfairly at work because of your pregnancy. It is more common than it should be.
Both federal and Nevada law protect you. The federal Pregnancy Discrimination Act, known as the PDA, makes it illegal for employers with 15 or more workers to treat you unfairly because you are pregnant or trying to get pregnant.
Under Nevada law, if your employer gives other employees time off for illness or disability, they must extend the same benefit to you for pregnancy, childbirth, or related conditions. They cannot fire you, cut your hours, deny you a promotion, or take any other negative action because of your pregnancy.
Think of it like this: your employer must treat your pregnancy the same way they would treat any other medical condition.
Nevada State Employees: A Special Case
If you work for the state of Nevada, you have more rights than most private-sector workers. This section is for you.
State employees in the Executive Department who have worked for at least 12 consecutive months are entitled to 8 weeks of paid family leave in a 12-month period. That paid leave comes at 50 percent of your regular wages.
You can use that leave to bond with a newborn or newly adopted child, recover from a serious illness, or care for an ill family member.
A note for public school employees: public schools are generally covered under FMLA regardless of size. So teachers and school staff have FMLA protections even at smaller schools.
What About the New Paid Leave Bill?
A lot of people have been asking about this. Here is what happened.
In 2025, the Nevada Assembly passed Assembly Bill 388. It would have required private employers with 50 or more employees to provide 12 weeks of paid family leave. That leave would have covered bonding with a newborn, recovering from health conditions, and situations involving domestic violence.
The bill passed the Assembly with a vote of 26 to 16. Many Nevadans were hopeful. But Governor Lombardo vetoed the bill in June 2025. He cited concerns about financial pressure on employers.
As of 2026, Nevada still does not have a statewide paid family leave program for private-sector workers. That bill did not become law.
What Happens to Your Health Insurance During Leave?
Great question. Under FMLA, your employer must keep your group health insurance in place during your leave. Your coverage continues under the same terms as if you had stayed at work.
You still need to pay your portion of the premium, though. Make sure you keep up with those payments. If you do not, you could lose your coverage.
When you return to work, your employer must restore you to the same job or an equivalent one. Equivalent means the same pay, benefits, and working conditions.
What to Do if Your Rights Are Violated
Many people do not realize how strict these laws are. And some employers, honestly, push the limits.
If your employer denies your FMLA leave and you qualify, that is a violation of federal law. If they fire you or demote you for getting pregnant, that is illegal under both federal and Nevada law.
You can file a complaint with the U.S. Department of Labor for FMLA violations. For pregnancy discrimination, you can file with the Equal Employment Opportunity Commission, known as the EEOC. You can also file with the Nevada Equal Rights Commission for state law violations.
Do not wait too long. There are deadlines for filing complaints. If you think your rights have been violated, talk to an employment attorney as soon as possible. Many offer free consultations.
How to Plan Your Maternity Leave in Nevada
Trust me, planning ahead makes a huge difference. Here is what to do.
Start by checking if your employer has 50 or more employees. That determines whether FMLA applies to you. Then confirm you have worked there for at least 12 months and 1,250 hours.
Next, review your employee handbook. Look for policies on paid time off, short-term disability, and parental leave. Your employer may offer benefits beyond what the law requires.
Talk to your HR department early. Let them know you are planning to take leave. Ask about the process for submitting FMLA paperwork. Your employer can require medical certification from your doctor.
Finally, make a financial plan. If your leave will be mostly unpaid, start saving early. Look into whether your employer offers short-term disability insurance. If they do, make sure you are enrolled before you need it.
Frequently Asked Questions
Does Nevada have paid maternity leave?
Nevada does not have a state-funded paid maternity leave program for private-sector workers. Your options for paid time off depend on your employer’s benefits, accrued PTO, and any short-term disability insurance they offer.
How long can I take off for maternity leave in Nevada?
If you qualify for FMLA, you can take up to 12 weeks of unpaid, job-protected leave. State employees may be entitled to 8 weeks of paid leave at 50 percent of their salary.
What if my employer has fewer than 50 employees?
You would not qualify for FMLA. However, if your employer has at least 15 employees, the Nevada Pregnant Workers’ Fairness Act still applies. That means you are entitled to reasonable accommodations for pregnancy.
Can my employer fire me for being pregnant?
No. Under both federal and Nevada law, it is illegal to fire, demote, or otherwise discriminate against an employee because of pregnancy. This applies to employers with 15 or more employees.
Can I take FMLA leave before the baby is born?
Yes. FMLA covers prenatal care, doctor visits, and conditions related to pregnancy that prevent you from working. You can take leave before delivery if medically necessary.
Can my partner also take FMLA leave?
Yes. FMLA covers both parents. If your partner also qualifies under FMLA at their job, they can take up to 12 weeks of unpaid, job-protected leave to bond with the new baby.
What if I adopt a child?
FMLA covers adoption. You can take up to 12 weeks of leave to bond with a newly adopted child. You have one year after the placement to use this leave.
Final Thoughts
Nevada’s maternity leave laws are not perfect. There is no statewide paid family leave program for most workers. But you still have real rights worth knowing.
FMLA gives eligible workers up to 12 weeks off with job protection. Nevada’s Pregnant Workers’ Fairness Act protects you from discrimination and requires reasonable accommodations at smaller companies. And pregnancy discrimination is illegal, full stop.
Know your rights before you need them. Talk to HR early. Plan your finances. And if something feels wrong at work during your pregnancy, do not be afraid to speak up or consult a lawyer.
Now you know the basics. Stay informed, advocate for yourself, and when in doubt, ask an employment attorney.
