By Matthew G. Dunning, Partner, Goosmann Law Firm
What Employers Need to Know
The Nebraska Healthy Families and Workplaces Act will become effective October 1st. The Act applies to employers with 11 or more employees in the State of Nebraska and imposes additional leave requirements if an employer has 20 or more employees. It was enacted following a 2024 voter-approved ballot initiative, which passed with approximately 75% support.
Many employers with existing sick leave or paid time off policies may already meet the requirements of the Act; however, we do recommend a review of existing policies and practices to confirm compliance.
Requirements Based on Employer Size
- 11 to 19 employees: Employers must allow accrual or front-loading of at least 40 hours of paid sick leave per year.
- 20 or more employees: Employers must allow accrual or front-loading of at least 56 hours per year.
Key Provisions to Consider
- Does your policy apply to all employees, including part-time or temporary workers? The Act includes limited exceptions, such as independent contractors, owner-operators, employees under age 16, and other specific exceptions.
- Does your policy provide sick leave eligibility after the employee has worked 80 hours? Many employer policies will not apply to newly hired employees until after ninety days of service.
- Does your policy allow accrual at a rate of one hour per 30 hours worked?
- Are employees notified each pay period of:
- Sick hours taken?
- Sick time remaining?
- Sick time being paid?
The Act also requires that employees be permitted to use sick time for their own or a family member’s medical condition; “family member” is broadly defined.
Notice and Posting Requirements:
Employers must provide notice to employees and post the required information about the Act by September 15th. The Nebraska Department of Labor has provided the necessary documents:
Our employment law team assists employers in reviewing and updating policies ensure compliance with the new law. Stay informed and contact us with any questions about what this means for your business.