Navigating the complexities of Paid Time Off (PTO), including Day Off, and leave policies can be a challenge, especially when it comes to understanding the specific regulations in different states. In Nebraska leave laws, the rules surrounding PTO, vacation leave, sick leave, and other types of employee leave are distinct, with both federal and state laws playing a crucial role. Whether you’re an employer trying to stay compliant or an employee looking to understand your rights, this comprehensive guide will walk you through everything you need to know about PTO and Nebraska leave laws. From vacation accrual to military leave and jury duty, we break down the essential legal requirements and provide clarity on what is required, what is optional, and how to navigate the nuances of Nebraska’s leave laws.
Paid Time Off (PTO) in Nebraska
Vacation Leave Quota
Nebraska leave laws does not require employers to provide vacation days.
In Nebraska, there is no federal or state law that mandates employers to offer paid or unpaid vacation leave to employees. While employers in the state are not obligated to provide such benefits, many choose to do so as vacation time is a highly valued perk among employees. If an employer opts to offer vacation leave, whether paid or unpaid, they must adhere to applicable state laws, established company policies, or employment contracts.
Additionally, employers in Nebraska have the discretion to offer vacation benefits to certain employees while excluding others, provided the decisions are not based on discriminatory factors such as age, race, or gender.
Accrual
Nebraska leave laws does not require a PTO accrual system, but many companies use one.
The accrual system, which is commonly used by companies in Nebraska, is usually based on the pay period. Employers in the state can set their payday schedules, with monthly pay periods being the most common. Employers may establish specific criteria that employees must meet before they start accruing vacation leave. They can also impose limits on the amount of vacation time employees can accrue or receive.
Roll Over
Nebraska law prohibits “Use-It-or-Lose-It” policies.
A “use-it-or-lose-it” policy, which requires employees to forfeit unused vacation time after a set date (e.g., at the end of the year), is not allowed in Nebraska. Nebraska is one of the few states, alongside California and Montana, that explicitly prohibit this type of policy.
However, employers in Nebraska may implement policies that cap the amount of vacation time employees can earn. Once an employee’s earned vacation time falls below this cap, their ability to accrue additional vacation time can be reinstated.
Statutory Provisions Addressing Vacation Pay
Earned vacation time is regarded as wages.
In Nebraska, paid vacation is considered a fringe benefit and is classified as wages.
Payment of Accrued, Unused Vacation on Termination
Employers cannot deny payment for unused vacation.
When an employee leaves a company, whether voluntarily or involuntarily, they must be compensated for any earned and unused vacation time. This rule applies unless there is a specific agreement to the contrary between the employer and the employee or a collective-bargaining representative.
Sick Leave in Nebraska
Federal Laws – Leave Quota
Federal law provides for 12 weeks of unpaid sick leave.
The Family and Medical Leave Act (FMLA) is a federal law that applies across all U.S. states, including Nebraska. It offers job-protected leave for qualifying employees. To be eligible, employees must have worked for their employer for at least 12 months (at least 25 hours per week) or have accumulated 1,250 hours of work in the previous year. Additionally, the employer must have at least 50 employees within a 75-mile radius.
FMLA allows employees to take up to 12 weeks of unpaid leave for personal medical reasons, to care for a close family member with a serious illness, or for maternity or paternity leave. Employers may offer sick leave benefits beyond the federal minimum requirements.
Nebraska State Laws
Nebraska does not have additional state-mandated sick leave laws.
While some states require employers to provide a set number of paid sick days, Nebraska law does not impose such requirements. However, employers in Nebraska who choose to offer sick leave benefits must comply with the terms outlined in employment contracts or employee handbooks, which may create a legal obligation to provide sick leave.
Maternity, Paternity, and FMLA in Nebraska
Federal Law
FMLA provides for 12 weeks of unpaid maternity/paternity leave.
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for family or medical reasons, including maternity or paternity leave. Unless otherwise authorized by the employer, this leave must be taken consecutively. More information about FMLA eligibility is detailed in the Sick Leave in Nebraska section.
The Pregnancy Discrimination Act (PDA) is another federal law that offers protections for pregnant employees, prohibiting discrimination based on pregnancy in all aspects of employment, including hiring, firing, pay, job assignments, promotions, fringe benefits, training, leave, and health insurance.
Additional State Laws in Nebraska
Nebraska Adoption Leave
Employers in Nebraska that offer parental leave following the birth of a child must extend the same leave to parents who adopt a child under nine years old, or under 19 if the child has special needs. This law does not apply to stepparent or foster parent adoptions.
Payout
Maternity leave in Nebraska is unpaid.
Bereavement Leave in Nebraska
Employers are not required to provide bereavement leave.
Nebraska law does not mandate that employers offer paid or unpaid bereavement leave for employees to attend the funeral of an immediate family member. Nevertheless, many employers voluntarily offer at least two days of bereavement leave. Employers who do provide this benefit must follow their established bereavement policies or practices.
Payout
Bereavement leave in Nebraska is unpaid.
Jury Duty Leave in Nebraska
Employers must provide paid time off for jury duty.
In Nebraska, employers are legally obligated to grant employees leave for jury duty and to pay them for the time spent on jury selection or serving as jurors. This is a rare provision, as most states only require unpaid leave for jury duty. Employees must give reasonable notice of their jury service requirements, and employers are prohibited from firing, threatening, or coercing employees because of their jury service.
Payout
The court pays:
Jurors in Nebraska receive $35.00 per day as compensation, though this amount is nominal.
The employer pays:
Employers in Nebraska are required to pay employees their usual wages during jury duty but may reduce the pay by the amount received from the court.
Military Leave in Nebraska
All employers must comply with USERRA and Nebraska’s additional state military leave laws.
Federal Regulations
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that applies to all employers in the U.S. It protects employees who are called to active duty in the military, including the U.S. Armed Forces, Reserves, and National Guard. USERRA guarantees reinstatement rights, protection from discrimination, the right to continue group health care benefits for up to 24 months during their leave, and up to five years of unpaid leave for military service (with certain exceptions).
Nebraska State Law
Members of the Nebraska National Guard (or any other state’s national guard) called to active state duty are entitled to the same leave and reinstatement rights as those under USERRA.
Nebraska Family Military Leave Act
Nebraska law provides additional protections for family members of military service members.
Employers with 15 or more employees must provide unpaid leave to an employee who is the spouse or parent of a military service member called to active duty. The leave duration varies based on the size of the employer: up to 15 days for employers with 15 to 50 employees and up to 30 days for employers with more than 50 employees. The active duty must last at least 179 days for the employee to be eligible.
To qualify, employees must meet the same eligibility criteria as for FMLA. If leave is requested for more than five days, the employer may require at least 14 days’ notice and documentation to verify the request. Employees on leave may continue their benefits at their own expense, and employers must offer the same or an equivalent position upon the employee’s return.
Payout
Military leave in Nebraska is unpaid.
Voting Leave in Nebraska
Employees are entitled to 2 hours of paid time off to vote.
Nebraska law entitles employees who are registered to vote to up to two consecutive hours of paid leave to vote in any municipal, county, state, or federal election. However, employers are not required to provide voting leave if the employee has at least two consecutive hours of non-working time while the polls are open. Employers may specify when the leave can be taken, and advance notice is required.
Payout
Employers must pay regular wages during this absence if the employee gives notice before election day.
Nebraska State Holidays in 2024
Nebraska law does not require private employers to provide holiday leave.
Private employers in Nebraska are not obligated to offer paid or unpaid leave for holidays. They may also require employees to work on holidays. Despite this, most employers in Nebraska do provide at least some paid holidays. The state officially observes 12 holidays.