Nebraska: Voters Approve Paid Sick Leave
|
APPLIES TO All Employers with Employees in NE |
EFFECTIVE October 1, 2025 |
QUESTIONS? Contact HR On-Call |
Quick Look
|
Discussion:
Nebraska voters approved Initiative 436 which requires employers to provide earned paid sick leave for their employees. Effective October 1, 2025, Nebraska employers must provide their employees with paid sick leave at a rate of one hour for every 30 hours worked.
Covered Employer. The law applies to all Nebraska individuals, partnerships, limited liability companies, associations, corporations, business trusts, legal representatives, or organized groups of persons who employ one or more employees.
Covered Employee. The law applies to all employees that work in the state for more than 80 hours in a calendar year.
Qualifying Reasons. Paid sick leave can be used for:
- An employee’s mental or physical illness, or health conditions; an employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or the need for preventative medical care;
- Care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; care of a family member who needs preventative medical care; or in the case of a child, to attend a meeting necessitated by the child’s mental or physical illness, injury, or health condition, at a school or place where the child is receiving care; or
- Closure of the employee’s place of business by order of a public official due to a public health emergency, or an employee’s need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency, or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the employee’s or family member’s presence in the community may jeopardize the health of others because of his or her exposure to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease.
Accrual. Employers with 20 or more employees must provide one hour of earned paid sick time for every 30 hours worked, but usage can be capped at 56 hours per year. Employers with fewer than 15 employees must provide one hour of earned paid sick time for every 30 hours worked, but usage can be capped at 40 hours per year.
Frontloading. Employers can frontload paid sick leave.
Carryover. Employers must allow employees to carry over unused paid sick time from year to year. Alternatively, an employer may pay an employee for unused paid sick time at the end of a year and provide the employee with an amount of paid sick time that meets or exceeds the requirements that is available for the employee’s immediate use at the beginning of the subsequent year.
Usage and Notice. Employees can request to take earned paid sick leave at any time. Employees must make a good faith effort to provide notice when the need is foreseeable. When it is not, an employer may require notice as soon as practicable. There must be a written policy with the required procedures for providing notice.
Employers must also provide a written notice to employees about their rights under the law upon the start of employment or by September 15, 2025.
Documentation. Reasonable documentation of a covered purpose may be required for earned paid sick leave of three or more consecutive workdays.
Interaction with Existing PTO Policies. Employers who already provide PTO that meets the minimum requirements of the law do not have to provide additional paid sick leave.
Prohibited Actions. Employers cannot take retaliatory or discriminatory actions against employees for exercising their rights under the law.
Action Items
- Review and update leave policies to include paid sick leave.
- Update procedures to track time worked for accrual purposes.
- Provide required notice when available.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase