DISCLAIMER: THE INFORMATION CONTAINED HEREIN IS SOLEY FOR EDUCATIONAL PURPOSES. IT IS NOT LEGAL ADVICE OR LEGAL AUTHORITY AND IS ONLY THE AUTHOR’S INTERPRETATION OF THE LABOR AND EMPLOYMENT LAW ON THE SPECIFIC ISSUES DISCUSSED.
Effective October 1, 2025, Nebraska’s Healthy Families and Workplaces Act mandates that all private employers provide paid sick leave to their employees. To ensure your employee handbook aligns with this new law, consider incorporating the following updates:
Eligibility and Accrual
- Eligibility: All employees working in Nebraska for at least 80 hours in a calendar year are entitled to paid sick leave. Exceptions include employees subject to the federal Railroad Unemployment Insurance Act and those employed by federal or state governments, state agencies, state departments, and political subdivisions.
- Accrual Rate: Employees accrue a minimum of one hour of paid sick leave for every 30 hours worked. Employers with fewer than 20 employees must provide up to 40 hours of paid sick time per year, while employers with 20 or more employees must provide up to 56 hours annually.
Usage of Paid Sick Time
Paid sick time can be used for:
- The employee’s own mental or physical illness, injury, or health condition, including diagnosis, treatment, and preventive care.
- Care of a family member with a mental or physical illness, injury, or health condition, including diagnosis, treatment, and preventive care.
- In certain circumstances, public health emergencies or an employee’s (or an employee’s family member’s) exposure to a communicable disease.
Notice and Documentation
- Requesting Leave: Employees can orally request to use paid sick time. Employers may adopt reasonable procedures for employees to provide notice of the need to use paid sick time, but the notice procedure must be in writing and provided to employees.
- Documentation: Employers can only require reasonable documentation to confirm the need for paid sick time if an employee misses more than three consecutive workdays. In situations where an employee or employee’s family member did not visit a health care provider during that time, the employee is permitted to provide their own written statement that the leave was taken for a qualifying reason.
Anti-Retaliation
The law prohibits retaliation against employees for exercising their rights under the act.
Implementation Steps
- Policy Update: Revise your sick leave policy to reflect the new accrual rates, usage purposes, and notice requirements.
- Employee Notification: Inform all employees about the changes to the sick leave policy and their rights under the new law.
- Record-Keeping: Ensure accurate tracking of sick leave accruals and usage to comply with the law’s requirements.
- Training: Educate managers and HR personnel on the new policy to handle requests appropriately and maintain compliance.
By updating your employee handbook to include these provisions, you will ensure compliance with Nebraska’s Healthy Families and Workplaces Act and support a healthy work environment for all employees.
About the Author
Molly Moberg Miller
Adams & Sullivan, PC, LLO
Ms. Miller has been an attorney since 2004 and worked ten years with Amoni Law Offices, P.C. in Aurora, Illinois prior to moving to Omaha and joining Adams & Sullivan. She was Lead Counsel in arbitrations and mediations for personal injury files, and served as Co-Counsel for a large, regional bank conducting commercial and residential foreclosure litigation, and real estate dealings. Her current practice focuses on employment law, personal injury law and litigation.