Leave - Nebraska

Jury duty

Nebraska law requires private employers to pay employees for jury duty, minus any deduction for payment made by the court (other than expenses). 

Family Military Leave

The NE Family Military Leave Act applies to all employers, including the state and political subdivisions.

Employee eligibility

Employees are eligible for military family leave if they have worked for the employer for at least 12 months and worked for at least 1,250 hours during the 12-month period immediately preceding the beginning of leave.

Leave entitlement

Employers with 15-50 employees must allow for up to 15 days of unpaid family military leave. Employers with more than 50 employees must provide up to 30 days of unpaid family military leave.

Type of leave

Because the employee s the spouse or parent of a person called to military service lasting 179 days or longer with the state or the U.S.

Maintenance of health benefits

During family military leave, employers must make it possible for employees to continue their benefits at the employee’s expense. These benefits include group life insurance, health insurance, disability insurance, and pensions.

Job restoration

Employees are entitled to be restored to the position held when leave began or to one with equivalent seniority, benefits, pay, and other terms and conditions of employment. Employees need not be restored if the reason is unrelated to the exercise of family military leave rights.

Notice

Employees are to give at least 14 days’ notice of leave if the leave will consist of five or more consecutive work days. Where able, the employee must consult with the employer to schedule the leave so as to not unduly disrupt the company operations.

Employees taking family military leave for less than five consecutive days must give advance notice as is practicable.

Employers may require certification from the proper military authority to verify the employee’s eligibility for the leave.

Voting

Nebraska law allows employees two hours off to vote. Pay deductions are not allowed. This time off for voting doesn’t apply if there are two consecutive nonworking hours during the time the polls are open. Employee must request leave of absence prior to the day of election and the employer can specify the hours taken off.

Volunteer emergency responders

Employers cannot terminate or take any other disciplinary action against any employee who is a volunteer emergency responder if such employee, when acting as a volunteer emergency responder, is absent from or reports late to his or her place of employment in order to respond to an emergency prior to the time such employee is to report to his or her place of employment.

Prior to seeking protection under to the Volunteer Emergency Responders Job Protection Act, an employee acting as a volunteer emergency responder shall provide his or her employer with a written statement signed by the individual in charge of the volunteer department or another individual authorized to act for such individual notifying such employer that the employee serves as a volunteer emergency responder. An employee who is or who has served as a volunteer emergency responder shall notify his or her employer when such employee's status as a volunteer emergency responder changes, including termination of such status.

An employee acting as a volunteer emergency responder shall make a reasonable effort to notify his or her employer that he or she may be absent from or report late to his or her place of employment in order to respond to an emergency.

At an employer's request, an employee who is absent or reports late must provide his or her employer, within seven days of such request, a written statement signed by the individual in charge of the volunteer department (or another individual authorized to act for such individual) that includes the following: The fact that the employee responded to an emergency; the date and time of the emergency; and the date and time such employee completed his or her volunteer emergency activities.