Some states have comprehensive laws that require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness, but Nebraska does not have such a law that covers private employers.
Recent amendments to the Nebraska Fair Employment Practices Act (NFEPA) may make leave available to eligible employees with known physical limitations associated with pregnancy, childbirth, or related medical conditions. See the section below on Pregnancy Leave for more information.
Most Nebraska employers with 50 or more employees will have leave obligations under the federal Family and Medical Leave Act (FMLA). There is additional information and details on the FMLA.
State employees who have been employed for 12 months and have worked at least 1,250 hours in the previous 12 months are entitled to family leave benefits. An eligible employee may take up to 12 weeks of unpaid time within a 12-month period.
Leave may be used for the birth or adoption of a child; to care for a spouse (definition does not include unmarried domestic partners), child, or parent with a serious health condition; or for the employee's own serious health condition. Employees are required to substitute compensatory time for any form of unpaid family leave and to substitute accrued sick leave to care for a sick spouse, child, or parent.
The substituted time counts toward the 12-week allotment. Employees may also opt to use accrued vacation leave first for any of the family leave purposes, and it will not be counted toward the 12 weeks.
Employer health insurance contributions must continue during unpaid family leave absences, as long as the employee ...