Nebraska Initiative 436: Paid Sick Leave
During the 2024 election, Nebraskans passed Ballot Initiative Measure 436 to enact the Nebraska Healthy Families and Workplaces Act. It is anticipated the Act will go into effect on October 1, 2025. When it does, it will be applicable to most non-governmental employers that employ at least one or more employees, though some types of employers are excepted. It will provide most employees with the right to earn paid sick time for personal or family health needs. At a minimum, eligible employees will accrue one hour of paid sick time for every 30 hours worked.
The amount of paid sick time an employee can accrue is determined by the size of the employer. If the employer has fewer than 20 employees, the employee is not entitled to earn more than 40 hours of paid sick time in a year. If the employer has 20 or more employees, the employee is not entitled to earn more than 56 hours of paid sick time in a year. The Act will not apply to an individual who works fewer than eighty hours in a calendar year. Full-time, part-time, and temporary employees are all counted for purposes of determining whether an employer has 20 or more employees. If an employer already has a paid leave policy that meets the requirements of the Act, it is not required to provide any additional time under the Act.
The Act will likely require covered Nebraska employers to add and disclose information with employees’ paychecks. The amount of paid sick time available to the employee, the amount utilized, and the amount of pay the employee has received as paid sick time shall be recorded in, or on an attachment to, the employee’s regular paycheck. Also, the Act will likely require covered employers to give eligible employees written notice of their rights under the Act and require display of a poster with the same information in the workplace.
It is anticipated that the Nebraska Department of Labor will issue regulations to clarify the requirements of the Act.
If you have questions about how the Nebraska Healthy Families and Workplaces Act will affect you or your business and how to implement it, please contact us:
| Nicole Seckman Jilek | Julie Ryan |