New Nebraska paid sick leave law takes effect in 2025

Employees shouldn’t have to go to work when they’re sick or when they have a sick family member who needs their care. That’s exactly what some employees had to do because their employers wouldn’t give them time off. But thanks to Nebraska voters, that’s soon changing.

Starting on October 1, 2025, private employers must provide paid sick leave to employees in Nebraska. Voters recently approved the Nebraska Healthy Families and Workplaces Act, which is formally known as Initiative 436. Employers have until September 15, 2025, to comply with employee rights notice requirements and post their sick leave policies appropriately.

Who qualifies for paid sick leave?

Paid sick leave must be provided to any employee who works for a company at least 80 hours in one calendar year. The law applies to all private Nebraska employers regardless of their size or employee head count. Unlike with certain federal pay laws, this new paid sick leave law does not provide an exemption for agricultural employers. Notably, though, employees who work for the federal or state government, or who are covered by the federal Railroad Unemployment Insurance Act, are not protected by the new law. The law also does not apply to independent contractors.

This leave can be used for an employee’s illness, injury, medical treatment, or preventative care for physical or mental health needs. Public health emergencies and exposure to communicable diseases are also covered by these hours. Paid sick leave can also be used to care for an employee’s family member with an illness, injury, or health condition requiring diagnosis, treatment, or preventative care.

How is sick leave earned?

Employers can choose to front-load the sick days for the year at the start of the year, or they can give them to employees as they earn them. All employees must earn at least one sick leave hour for every 30 hours worked. Overtime exempt employees are presumed to work 40 hours per work week for accrual purposes.

For employers with 20 or more employees, workers can earn and use up to 56 hours of paid sick leave per year. For employers with 19 or fewer employees, workers can earn and use up to 40 hours per year. Employers are free to provide additional paid sick leave hours over those limits, but they aren’t required to do so.

At the end of the year, the employer can either pay out the unused sick leave or roll it over to the following year. If the employer pays out the sick leave at the end of the year, they must front-load the hours for the following year. If unused sick leave is rolled over to the next year, employees are still only entitled to use up to the maximum annual accrual amount (56 or 40 hours) in that next year.

How does an employee take sick leave?

Employers must give written notice of their paid sick leave policy to employees by no later than September 15, 2025. Employees can request sick leave verbally, and supporting documentation is only required if a leave spans more than three consecutive workdays. In situations where an employee needs to provide documentation of the reason for leave but did not see a medical provider, the employee can self-attest in writing that they took the leave for a qualified purpose. Employers cannot require employees to disclose details of their health information as a condition of providing sick leave. Once they notify their employer of their need to use paid sick time, the employee isn’t responsible for finding their own replacements.

What if an employer violates this law?

Employers are forbidden from retaliating against an employee for requesting or using paid sick time. If an employer fails to provide the required paid sick leave, or if the employer retaliates against an employee for requesting or using their paid sick time, the employee has the right to file a lawsuit against the employer. Employers who violate this law are also subject to monetary penalties by the Nebraska Commissioner of Labor.

As Nebraska employers begin implementing this new law, employees may have concerns about their rights and obligations. If you believe your employer is violating the paid sick leave law, it is important to consult with an experienced employment law attorney who can help you understand your rights and represent you in legal proceedings.