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Bill to bar retaliation for using paid leave draws broad union support and industry concerns

February 22, 2025 | 2025 Legislature NV, Nevada


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Bill to bar retaliation for using paid leave draws broad union support and industry concerns
Assemblymember Selena LaRue Hatch opened a hearing on Assembly Bill 179, which she described as a targeted fix to ensure the 2019 paid time-off law functions as intended for workers covered by collective bargaining agreements and to close loopholes supporters say permit retaliatory discipline.

Supporters told the Assembly Committee on Commerce and Labor they have repeatedly seen workers disciplined after using accrued paid leave. Ross Kinston, president of the Northern Nevada Central Labor Council, said employers have exploited gaps in current law and that, in practice, some union employees are treated as if they have no enforceable right to use their accrued leave. “We have thousands and thousands and thousands of workers throughout this state who are literally left in a no man’s land,” he said.

The bill would add a nonexclusive list of actions that constitute prohibited retaliation — including dismissal, demotion, suspension, written reprimands or other adverse actions “for using paid leave available for use by the employee” — and would replace an existing exemption with language that preserves a current CBA’s protections while applying the law to extensions or renewals after Oct. 1, 2025.

Several workers recounted personal disciplinary actions after using sick leave. Amanda Whitten, a Teamsters member, said she received a discharge letter after calling in sick even though she had not used sick leave for months: “I now have to decide between taking care of my health and my daughter or keeping my job.” Multiple union and labor organizations — including Teamsters, CWA, Smart TD, Culinary, the Nevada State AFL-CIO and Moms Rising Together — urged the committee to pass AB 179.

Employer groups including the Las Vegas Chamber, Nevada Resort Association, National Electrical Contractors Association and trade contractors expressed opposition or requested additional language. Their concerns centered on distinctions between paid time off (PTO) and sick leave, preserving collective bargaining mechanics, and allowing employers to apply legitimate progressive discipline where necessary to protect operations and public safety.

Hospitals and health-care employers noted potential patient-safety implications if staffing flexibility is overly constrained. Patrick Kelly, CEO of the Nevada Hospital Association, said some patterns of last-minute absences can compromise patient care and may reasonably be addressed through progressive discipline.

Assemblymember LaRue Hatch said the bill is intended as a narrow fix that sets a statutory floor and does not strip current collective bargaining agreements of protections; she and sponsors indicated they would continue stakeholder negotiations. The committee took testimony and did not vote.

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