Advocates for a minimum degree of paid sick leave for Nebraska workers brought boxes of petition signatures to downtown Lincoln before bringing them to the Nebraska Secretary of State’s Office on Thursday, June 27, 2024. (Zach Wendling/Nebraska Examiner)
LINCOLN — “Minor adjustments” could be coming to Nebraska’s imminent paid sick leave law this October, which the campaign said are meant to aid implementation.
Legislative Bill 415, from State Sen. Beau Ballard of Lincoln, would modify the Nebraska Healthy Families and Workplaces Act, which sets a baseline paid sick leave requirement for businesses based on the number of weekly employees. Voters enacted the change by ballot initiative in November 2024.
Once the law takes effect Oct. 1, employees will earn at least one hour of paid sick time for every 30 hours worked. Small businesses (fewer than 20 weekly employees) must offer at least 40 hours of paid sick leave per year. Larger employers must offer up to 56 hours of paid sick leave each year.
State Sen. Beau Ballard of Lincoln, left, talks with State Sen. Eliot Bostar of Lincoln. July 26, 2024. (Zach Wendling/Nebraska Examiner)
Ballard said one of the biggest questions he and others have fielded since the initiative passed is from businesses asking what to do if an existing benefits package “far exceeds” the initiative requirements.
Some business owners, Ballard said, have asked whether the requirements set a “floor” or “ceiling” for possible sick leave hours in a year.
Under LB 415, businesses that meet or exceed the new law would not be required to allow employees to earn more paid sick leave than their existing policy, or carry over more hours into the next year.
“It’s something that I hear from a lot of my businesses that are concerned,” Ballard said. “They understand the need but also just want a little more clarification on what’s required from them.”
Jodi Lepaopao, campaign manager of Paid Sick Leave for Nebraskans, said LB 415’s changes “are aimed at simplifying implementation.”
“We are not concerned with LB 415’s changes, but we are opposed to any bill that would go beyond LB 415 to change paid sick leave as it was voted on and approved by nearly 75% of Nebraskans,” Lepaopao said in a statement.
Employees can use paid sick leave for themselves or a family member for mental or physical illness, injury or a health condition or for a medical diagnosis or preventive medical care. Paid sick time could also be used during a public health emergency that closes a business or school.
Advocates to enshrine a minimum level of paid sick leave for Nebraska workers in state law celebrate the announcement they gathered more than 138,000 signatures in hopes to qualify for the November ballot Thursday, June 27, 2024, in Lincoln. (Zach Wendling/Nebraska Examiner)
Among the changes in LB 415:
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Employees could begin to accrue paid sick time after 80 hours of consecutive work, instead of right away.
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Paid sick time earned prior to the law taking effect, between Jan. 1 and Oct. 1, would count toward an employer’s obligations under the law.
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When an employee leaves employment but is rehired within the next 12 months, they can have unused paid sick leave time reinstated unless it was paid out to the employee.
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Individual owner-operators and independent contractors would not be counted as “employees,” similar to state or federal employees and individuals who work in the state for fewer than 80 hours in a calendar year.
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An employee could request using paid sick leave in writing.
“Family member” includes children, parents or legal guardians, a spouse, grandparent, grandchild, sibling or other blood relative. It also includes anyone “whose close association with the employee is the equivalent of a family relationship.”
Employees will not be required to search for a replacement worker.
Employers will be prohibited from punishing employees for using earned paid sick leave but can set a written policy for how the employee must request the time off. An employer could require a doctor’s note or other signed documentation after three consecutive work days.
The Nebraska Department of Labor can create additional rules and regulations as necessary.
Said Ballard: “The bill is still trying to respect the voters’ wishes but also have some constraints around definitions.”
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