Nebraska Leave of Absence (FMLA) laws & compensation compliance analysis

Nebraska Leave of Absence (FMLA): What you need to know

In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also 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.
However, Nebraska does not have such a law.
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Public employers. 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 makes his or her required contribution. Employees using leave due to a serious health condition must provide medical certification from a healthcare provider. The employer may require a second and third opinion, if necessary (NE Admin. R. and Regs. Tit. 273 Ch. 9 Sec. 015).
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