What Are Nebraska's Employee Leave Laws?

Employee leave laws in Nebraska protect workers by guaranteeing their right to take time off for personal, family, or medical reasons without fear of losing their jobs. These laws set clear expectations for employers, helping to ensure workplaces are both fair and compliant. It's important for both employees and employers to understand these regulations to maintain a balanced and legally sound work environment.

Nebraska offers specific leave protections, including catastrophic illness leave, family military leave, and leave under the Family and Medical Leave Act (FMLA). Each of these laws addresses unique situations and provides varying levels of job protection and benefits. Additionally, new measures like the Nebraska Healthy Families and Workplaces Act have introduced paid sick leave, expanding workers' rights even further.

Having a solid grasp of these laws helps employers create fair policies while giving employees the confidence to take time off when necessary.

From unpaid leave for family emergencies to paid sick leave for personal health, Nebraska prioritizes ensuring workers have the support they need during challenging times.

Nebraska's Paid Sick Time Law, the Nebraska Healthy Families and Workplaces Act

Nebraska Healthy Families and Workplaces Act, introduced through Initiative 436, marks a significant step in employee leave laws in Nebraska. Beginning October 1, 2025, private employers must provide eligible employees with paid sick time. This law aims to support workers who need time off for health-related or family care reasons while maintaining job security and income stability.

Employee Eligibility for Paid Sick Time

Under the act, employees qualify for paid sick leave if they work at least 80 hours in a calendar year for a private employer in Nebraska. The law applies universally to employees regardless of employer size, with only a few exceptions. Excluded groups include state and federal government employees, workers covered under the Railroad Unemployment Insurance Act, and those employed by state agencies or political subdivisions.

Accrual, Front-Loading, and Carryover

Paid sick time accrues at a rate of one hour for every 30 hours worked. Employers with 20 or more employees must allow workers to accrue up to 56 hours annually, while employers with fewer than 20 employees must provide up to 40 hours of paid sick leave per year.

Employers may also choose to front-load the total annual sick time at the start of the year instead of using the accrual method. Unused sick time typically carries over to the following year. However, employers can opt to pay out unused sick time instead. If they do so, they must ensure employees receive the full annual allotment of paid leave at the start of the new year.

Qualifying Reasons for Using Accrued Paid Sick Time

Employees can use paid sick leave for specific purposes outlined in the law. These include:

Personal health needs: Addressing physical or mental health conditions, including diagnosis, treatment, and preventive care.
Family care: Caring for a family member with a health condition or attending meetings related to a child's health or disability.
Public health emergencies: Taking leave due to workplace or school closures caused by public health risks, or if an employee or family member has been exposed to a communicable disease.

Notice, Documentation, and Anti-Retaliation Protections

The law includes strict guidelines for notice and documentation. Employees may verbally request sick leave, but employers can implement written policies requiring reasonable advance notice for foreseeable absences. Documentation can only be required after three consecutive missed workdays. Employees may provide a written statement if they or their family member did not visit a healthcare provider.

Retaliation against employees for using sick leave is expressly prohibited. Employers cannot require workers to find replacements for their shifts, nor can they penalize employees for requesting or using their legally entitled leave.

Family and Medical Leave Act (FMLA) in Nebraska

The FMLA is a federal law that applies to Nebraska employers with 50 or more employees. It grants eligible employees the right to unpaid, job-protected leave for specific family and medical reasons. Employers covered under the FMLA must comply with its provisions to ensure employees can take leave without fear of losing their job or benefits.

Eligibility Requirements for Employees to Take FMLA Leave

To qualify for FMLA leave in Nebraska, an employee must meet strict criteria. They must have:

Worked for the employer for at least 12 months: The 12 months do not need to be consecutive, but breaks in service longer than seven years may disqualify prior employment unless specific conditions apply.
Completed at least 1,250 hours of work in the past 12 months: This calculation includes only hours worked, not paid time off or unpaid leave.
Employment at a covered employer: The employer must fall under FMLA jurisdiction, which includes public agencies and private employers meeting the employee count threshold.

Types of Qualifying Events and Situations Covered Under FMLA

FMLA leave in Nebraska can be used for specific, clearly defined circumstances. Qualifying events include:

Birth or placement of a child: Employees may take leave for the birth of their child, adoption, or foster care placement.
Care for a family member with a serious health condition: This includes a spouse, child, or parent requiring medical care or assistance due to a significant illness or injury.
Personal medical needs: Employees can take leave for their own serious health condition that prevents them from performing essential job duties.
Military-related leave: Emergency leave is available for employees whose family member is on active duty or called to deployment. Additionally, leave can be taken to care for a service member with a serious injury or illness if the employee is their next of kin.

Duration of FMLA Leave and Job Protection Provisions

Eligible employees are entitled to up to 12 weeks of leave within a 12-month period. For military caregiver leave, employees may take up to 26 weeks in a single 12-month period. The 12-month period can be calculated in several ways, such as a calendar year or a rolling 12-month period, depending on the employer's policy.

FMLA guarantees job protection during the leave period. When the leave ends, employees must be reinstated to their original position or an equivalent role with the same pay, benefits, and working conditions. Employers are also required to maintain group health insurance coverage under the same terms as if the employee had not taken leave. Employers cannot retaliate against employees for taking or requesting FMLA leave, ensuring workers feel secure in exercising their rights.

Nebraska Family Military Leave

Nebraska's Family Military Leave law provides job-protected leave for employees whose spouse or child is called to active military service lasting 179 days or longer. This law ensures that employees can take time off to support their loved ones during deployment without fear of losing their job. It applies to employers of all sizes, although the leave entitlement varies depending on the total number of employees.

Eligibility Criteria for Employees to Take Family Military Leave

To qualify for Family Military Leave, employees must meet specific eligibility requirements:

Length of employment: The employee must have worked for the same employer for at least 12 months.
Hours worked: The employee must have completed at least 1,250 hours of work during the 12-month period immediately preceding the leave.
Relationship to the service member: The employee must be the spouse or parent of a person called to active duty for a period of 179 days or more.

The law is designed to support close family members of service members by allowing them time to manage personal or family obligations related to the deployment.

Duration of Leave Entitlements Based on Employer Size

The amount of leave an employee is entitled to depends on the size of their employer:

Employers with 15 to 50 employees: Must provide up to 15 workdays of unpaid leave during the deployment period.
Employers with more than 50 employees: Must provide up to 30 workdays of unpaid leave during the deployment period.

The leave can be taken at any point while the federal or state deployment orders are in effect. Employees should communicate their leave needs to their employer in advance whenever possible.

Employee Rights and Protections During and After Family Military Leave

Employees who take Family Military Leave are entitled to several rights and protections to ensure their job security and benefits are maintained:

Job restoration: Once the leave period ends, the employee must be reinstated to the same position they held before the leave or to an equivalent position. This includes maintaining the same seniority status, benefits, pay, and other working conditions.
Continuation of benefits: Employees may choose to continue participating in employer-sponsored benefits, such as health insurance, during their leave. However, the employee is responsible for covering the cost of their portion of the premiums while on leave.
Protection against retaliation: Employers cannot retaliate against an employee for requesting or taking Family Military Leave. Actions such as termination, demotion, or harassment related to the leave are strictly prohibited.

This law ensures that employees can support their family members serving in the military without jeopardizing their employment or benefits. It also provides peace of mind during what can be a challenging and emotional time for families.

Catastrophic Illness Leave in Nebraska

Catastrophic Illness Leave in Nebraska allows state employees to donate their accrued vacation or compensatory time to other eligible employees within the same agency who are experiencing a severe medical condition. This program ensures that employees facing prolonged health challenges can maintain some level of income security after exhausting their own paid leave balances.

Eligibility Requirements for Recipients and Donor Employees

The program has strict eligibility criteria for both recipients and donors to ensure fairness and proper utilization:

Recipient Eligibility:

The recipient must suffer from a serious illness or injury that requires an extended absence of at least 30 workdays within a six-month period.
Medical verification must be provided to confirm the condition.
The employee must have already used all their earned paid leave, including vacation leave, compensatory time, and sick leave.
The original probationary period of employment must be completed.

Donor Eligibility:

Donors may contribute accrued vacation leave or compensatory time in increments of four hours.
After donating, the donor must retain at least 40 hours of accrued vacation leave in their own balance.

Process for Requesting and Donating Leave

Both recipients and donors must follow a structured process to participate in the Catastrophic Illness Leave program:

Requesting Leave: The employee in need of leave submits a formal request to their agency's personnel officer, including required medical documentation. The agency reviews the request to confirm the employee's eligibility under program guidelines.

Donating Leave: Once a request is approved, the agency distributes a leave donation memo to eligible employees within the same agency. Donors complete a leave donation form, specifying the number of hours they wish to contribute, and submit it to their personnel officer. The agency processes the donation and transfers the donated leave to the recipient's balance.

Confidentiality and Administration of Catastrophic Illness Leave

The administration of the program prioritizes confidentiality and compliance. Personnel officers are responsible for managing the entire process, from verifying eligibility to processing donations.

All medical information and donation records are kept confidential. Supervisors and coworkers are not informed of the details surrounding an employee's request or medical condition. This ensures that privacy is respected while creating a supportive workplace environment.

The program has been operational since 1995 and continues to serve as a critical resource for employees navigating significant health challenges. It highlights Nebraska's commitment to supporting its state workforce during times of personal hardship.

Maternity Leave Donation Program

The Maternity Leave Donation (MLD) program in Nebraska allows expectant mothers to receive donated leave from coworkers when they have exhausted their own earned sick leave. The program is designed to support employees during the critical time surrounding childbirth, ensuring they have the necessary resources to care for their newborn while maintaining job security.

Eligibility Criteria for Recipients of Donated Leave

To qualify for MLD, employees must meet specific requirements:

Expectant mother status: The program is limited to employees who are pregnant and preparing for the birth of a child.
FMLA approval: The employee must have an approved leave request under the FMLA framework.
Exhaustion of sick leave: All accrued sick leave must be fully used before a donation request can be made.

These criteria ensure that the program prioritizes employees with immediate and documented needs for additional leave.

Relationship Between MLD and the Family and Medical Leave Act

The MLD program works in conjunction with the FMLA. While FMLA guarantees job-protected leave for eligible employees, it does not ensure income during unpaid leave. MLD addresses this gap by allowing coworkers to donate leave, giving expectant mothers the ability to maintain some income while they recover and care for their newborn. By combining the protections of FMLA with the generosity of donated leave, the program creates a supportive structure for employees navigating paid parental leave.

Process for Requesting and Utilizing Donated Leave

The process for participating in the MLD program involves clear steps for both requesting and using donated leave:

Submit a formal request: The expectant mother must submit a written request for donated leave to their agency's personnel officer. This request must include confirmation of FMLA approval and documentation showing that all accrued sick leave has been exhausted.
Agency review and approval: The personnel officer evaluates the request to confirm eligibility under the program's guidelines. Once approved, the agency distributes a notice to employees within the same workplace, inviting leave donations.
Donated leave allocation: Donors within the agency can contribute leave in specified increments, which is then transferred to the recipient. The donated leave is added to the recipient's balance and is available for immediate use.
Usage of donated leave: The employee utilizes the donated leave to cover their absence during the approved FMLA period.

This structured process ensures fairness and transparency while providing critical support to employees who need it most. By enabling coworkers to contribute their accrued time, the MLD program fosters a collaborative and empathetic workplace culture.

Voting Leave Laws in Nebraska

Voting leave laws in Nebraska are designed to ensure employees have the opportunity to participate in elections without fear of losing pay or facing workplace penalties. Under Nebraska law, employees are entitled to up to two consecutive hours of paid leave to vote during state-run elections, such as general, primary, or special elections.

To qualify for voting leave, employees must be registered voters in Nebraska and have insufficient time outside of their scheduled work hours to vote. "Insufficient time" means that the employee's work schedule does not allow for two consecutive hours while polls are open.

Employers are required to provide paid leave for voting if an employee qualifies. However, the employer has the right to designate when the leave can be taken. For example, an employer may require the employee to take voting leave at the beginning or end of their shift to minimize workplace disruptions.

If an employee requests voting leave, the employer may ask for advance notice. This ensures proper planning and avoids unnecessary operational challenges. Employers cannot deduct pay for the time taken to vote, as the law mandates compensation for the leave period.

Nebraska law prohibits employers from penalizing employees who request or use voting leave. Retaliation, such as termination, demotion, or disciplinary actions, is strictly forbidden. Employers are also not permitted to pressure employees into abstaining from taking leave for voting purposes.

Jury Duty Leave Laws in Nebraska

Jury duty leave laws in Nebraska ensure that employees can fulfill their civic obligation to serve on a jury without risking their job. Employers are required to provide unpaid leave to employees summoned for jury duty. This protection applies to all employees, regardless of their job type or industry.

Employer Responsibilities

Employers must grant leave for the entire duration of an employee's jury service. They cannot penalize or terminate an employee for attending jury duty. Retaliatory actions like reducing hours, demoting the employee, or threatening termination are strictly prohibited.

Employers are not obligated to pay employees for time spent serving on a jury. However, employees may choose to use accrued paid leave, such as vacation or personal days, if they wish to maintain their income during this time.

Employees must provide their employer with a copy of the jury summons as soon as possible. This ensures the employer has adequate notice to plan for the employee's absence. Employees are also expected to return to work promptly after their jury service concludes, particularly if their service ends mid-shift or earlier in the day.

Under Nebraska law, employees returning from jury duty must be reinstated to their original position or an equivalent role. This includes maintaining the same pay, seniority, and benefits they had before taking leave. Employers cannot force employees to work additional hours to "make up" for the time missed during jury service.

By protecting employees' rights during jury duty, Nebraska promotes civic engagement while safeguarding workplace fairness.

Best Practices for Nebraska Employers

Navigating employee leave laws in Nebraska requires clear policies, proactive communication, and careful administration. Employers should take specific steps to ensure compliance while creating a supportive environment for employees. By prioritizing proper procedures and fostering transparency, workplaces can avoid legal missteps and support employee well-being.

Develop and Implement Compliant Leave Policies

Employers must create detailed leave policies tailored to Nebraska's laws. Policies should clearly cover eligibility requirements, leave types available, and procedures for requesting leave. Use plain language to explain key details, such as how leave accrues or the documentation employees must provide.

Regularly review leave policies for compliance with state and federal laws. Update policies when new regulations take effect, such as the upcoming paid sick leave requirements under the Nebraska Healthy Families and Workplaces Act. Ensure that employee handbooks reflect the most current leave entitlements and processes.

Provide Required Notices and Post Employee Rights

Post all legally required notices in visible, accessible locations within the workplace. This includes notices about paid sick time, FMLA rights, and other applicable leave laws. For remote employees, provide digital access to mandatory postings through your company's intranet or email.

Communicate employee leave rights during onboarding. Include an overview of leave policies in welcome materials, and provide employees with resources for understanding their rights. Periodic reminders, such as annual policy reviews or updates, help reinforce compliance and awareness.

Manage Leave Requests and Maintain Proper Documentation

Implement a standardized process for handling leave requests. Require employees to submit formal written requests, even when leave is taken on short notice. For tracking purposes, create a centralized system to log all requests, approvals, and supporting documents.

Maintain accurate records for each leave request, including dates, reasons, approvals, and any communication with the employee. Keep all medical documentation and other sensitive information in a secure and confidential file separate from general HR records. Only authorized personnel should have access to this information.

Foster a Supportive and Legally Compliant Workplace Culture

Encourage open communication about employee leave. Train managers to respond to leave questions with empathy and direct employees to HR or written policies for guidance. Avoid creating a culture where employees feel discouraged from taking leave they are entitled to under the law.

Prohibit retaliation against employees who request or take leave. This includes any actions that could be perceived as punitive, such as demotion, reduced hours, or exclusion from workplace opportunities. Make it clear in company policies that retaliation is strictly prohibited, and enforce this consistently.

Finally, invest in manager training to ensure compliance with Nebraska leave laws. Equip supervisors with the knowledge they need to recognize leave rights, handle requests appropriately, and escalate complex issues to HR. A well-trained leadership team helps promote fairness and reduces the risk of legal disputes.

Understanding employee leave laws in Nebraska is crucial for maintaining a compliant and supportive workplace. By staying informed about your obligations and implementing best practices, you can navigate these regulations with confidence.

If you need assistance managing employee leave or streamlining your HR processes, book a demo with us to see how our platform can help.