Paid Sick Leave vs. FMLA in Nebraska: An Employer’s Guide

Nebraska employees have several types of leave available if they need to take time off for family and medical reasons. This includes the federal Family and Medical Leave Act (FMLA) as well as the Nebraska Healthy Families and Workplaces Act, which provides paid sick leave to eligible employees as of October 1, 2025.

But exactly how much leave an employer is required to provide — and whether or not they have to provide it at all — depends on their location, size, and other factors. Here’s what you need to know about paid and unpaid leave laws like FMLA in Nebraska and how they apply to small employers below the federal threshold.

What Is FMLA in Nebraska?

The Family and Medical Leave Act (FMLA) pertains to “covered employers” in all U.S. states, including Nebraska. According to the U.S. Department of Labor, this includes private-sector organizations with at least 50 employees in “20 or more work weeks in the current or previous calendar year.”

Small employers below this threshold aren’t covered by FMLA but may still be bound by other state or federal employment laws.

If an employer is covered by FMLA regulations, they need to provide up to 12 weeks of unpaid leave in a 12-month period for any of the following reasons:

• The birth of a child
• The adoption of a child
• The placement of a child in foster care
• To receive medical care for a serious health condition (including mental health conditions requiring continuing treatment or inpatient care)
• To care for a family member with a serious injury or incapacity
• To care for a covered servicemember (military caregiver leave)
• To respond to a qualifying exigency related to active duty service

In order to be eligible for FMLA leave, an employee must work for their employer for at least 12 months and perform at least 1,250 hours of service. They must also work at a job site with at least 50 employees within a 75-mile radius.

FMLA is a job-protected leave entitlement, which means that employees have the right to return to work in the same job or an equivalent position.

What Is the Nebraska Healthy Families and Workplaces Act?

Several states have their own version of the Family and Medical Leave Act, and a few even provide paid leave for certain qualifying reasons. The state of Nebraska doesn’t have an equivalent leave law of its own — but it does have the Nebraska Healthy Families and Workplaces Act, which came into effect on October 1, 2025.

This law provides paid sick leave to part-time, full-time, and temporary employees who meet the employee eligibility requirements. They must work for an employer with 11 or more employees and perform at least 80 hours of work overall.

At businesses with 20 or more employees, employees accrue paid leave at the rate of one hour per 30 hours of work, up to 56 hours of sick time per year. Small businesses with 11-19 employees must provide a maximum of 40 hours per year.

Some types of workers are excluded, including independent contractors, seasonal farm workers, and employees covered by the Railroad Unemployment Insurance Act.

Paid Sick Leave vs. FMLA in Nebraska

The Nebraska Healthy Families and Workplaces Act and the Family and Medical Leave Act are different laws that cover similar scenarios. Federal law provides unpaid leave for up to 12 weeks per year, while Nebraska law provides up to 56 hours of paid sick leave. Here are a few key differences between the laws that employers should be aware of.

Nebraska Law Covers More Circumstances

Nebraska law allows employees to use their sick time for preventive care. FMLA doesn’t specifically cover preventive care, such as routine visits to a health care provider, unless associated with a serious health condition. Similarly, paid sick time can be used when a business is closed for a public health emergency or when the employee needs to stay home and self-isolate. FMLA doesn’t apply to either of these circumstances.

Nebraska Law Applies to More Family Members

The Family and Medical Leave Act provides time off to care for an employee’s spouse, bond with a newborn child, or care for other immediate family members. Nebraska law uses a broader definition of family member and covers anyone in the “equivalent of a family relationship,” including a grandparent, grandchild, sibling, or foster child.

Nebraska Law Requires Less Documentation

Under FMLA, employees are expected to provide 30 days’ notice of their intent to take leave, and they may be required to provide a medical certification to verify their leave request. Under Nebraska law, employees aren’t required to give notice to use paid sick time (unless the employer has a written policy to that effect) and can only be asked for documentation if they take more than three days of leave in a row.

Alternatives to FMLA in Nebraska

Not everyone is covered by FMLA in Nebraska or has accrued enough compensatory time to cover their leave request. As an employer, it’s your responsibility to review and assess leave requests in a way that complies with employment law and your personal leave policy. Here are a few other state-specific leave laws to consider.

Military Family Leave

The Family Military Leave Act provides up to 30 days of leave to “the spouse or parent of a person called to military service lasting 179 days or longer.” Employers with 15-50 employees only have to provide 15 days of military family leave.

Leave Donation Programs

The Maternity Leave Donation Program allows state employees on parental leave under FMLA (who have used up their own sick leave) to accept donations from other employees. Employees can contribute their own sick time and vacation leave, from a minimum of four hours to a maximum of 480 hours per year. Nebraska has a similar program available for state employees on Catastrophic Illness Leave.

Managing Employee Leave Requests Under FMLA in Nebraska

Each time an employee requests leave in Nebraska, you’ll need to assess their eligibility for leave under both state and federal law. The fast pace of change can make it hard to keep up with leave laws — and as your company grows, you can quickly cross a size threshold, moving from one set of obligations to another.

Pulpstream makes it easy to understand and comply with state-specific leave laws with our leave of absence automation platform. You can use it to:

• Assess eligibility criteria: Automatically vet and verify employee leave requests with a custom rule engine using up-to-date criteria.
• Request supporting documents: Request a medical certification to support an employee’s leave request — and keep it secure using our cloud-based portal.
• Track leave balances: Track how much leave an employee has accrued and how much they have remaining — including intermittent leave increments.

Remember, employees have certain benefits while on FMLA leave — such as keeping their health insurance coverage — and have the right to return to work. Manage every step of the process with our comprehensive leave management platform.

Scale Up Leave of Absence Management With Pulpstream

As Nebraska joins the ranks of states with paid sick leave, it’s important to update your HR practices to account for the new requirements. Small and growing businesses may find themselves with new obligations, while those with 50+ employees will continue to be bound by the Family and Medical Leave Act (FMLA) at the federal level.

With Pulpstream, you can provide a state-of-the-art leave management process to your employees, no matter how big your HR team. Our self-service portal allows employees to submit their own leave request, upload supporting documents, and more. Plus, your HR team can easily track FMLA balances and accrued sick leave.

Request a demo today to learn more!