Nebraska does not have a state law that specifically requires employers to offer pregnancy leave. However, leave may be available as a reasonable accommodation for known physical limitations associated with pregnancy, childbirth, or related medical conditions under the Nebraska Fair Employment Practices Act (NFEPA).
See the section below on Reasonable Accommodation for details.
Employers covered by the federal Pregnancy Discrimination Act (PDA) must provide the same leave benefits to women affected by pregnancy that are provided to employees with temporary disabilities (29 CFR 1604.10). The leave could be with or without pay, or not provided at all, as long as all employees are treated the same in their requests for temporary leave. The PDA covers private employers with 15 or more employees and all state and governmental agencies.
Employers that authorize a leave of absence for the birth of an employee's child must authorize the same type of leave for an adoptive parent, unless the child is over the age of 18 and a special needs child or over the age of 8 and not a special needs child, or a stepchild being adopted by a stepparent or a foster child being adopted by a foster parent (NE Rev. Stat. Sec. 48-234).
Some states have family and medical leave laws that require employers to provide unpaid leave for an employee's own illness, including pregnancy, or to care for a newborn. Nebraska does not have such a law that covers private employers. However, if an employer does offer leave to care for a newborn, the state Fair Employment Law would most likely be interpreted to require that the leave be offered to both male and female ...