USA – NEBRASKA Law and Practice Contributed by: Tara Paulson, Mark Fahleson and Julie Schumacher, Rembolt Ludtke LLP
• employees who are subject to the federal Railroad Unemployment Insurance Act; and • individuals under 16 years of age. Small employers (11–19 employees) must provide eli - gible employees up to 40 hours of paid sick leave per year. Large employers (20 or more employees) must provide up to 56 hours of paid sick leave per year. Employers with other paid leave policies that meet the minimum paid leave requirements are not required to provide additional sick time. Jury Duty Leave Nebraska law mandates that employees shall not be subject to discharge from employment, loss of pay, loss of sick leave, loss of vacation time or any other form of penalty as a result of their absence from employment due to jury duty upon giving reasonable notice to their employer of such summons. Although employees may not be subject to a loss of pay, employers may reduce the employee’s wages by the amount of compensation received as a result of jury duty. Adoptive Parent Leave Nebraska law requires that all Nebraska private and government employers who permit employees to take a leave of absence following the birth of a child must provide the same leave upon the same terms to adop - tive parents. The adoptive parent leave of absence is not required if the child being adopted is a special needs child over 18 years of age, a child who is over eight years of age and is not a special needs child, a stepchild being adopted by their stepparent, a foster child being adopted by their foster parent, or a child who was originally under a voluntary placement for purposes other than adoption without assistance from an attorney, physician or other individual or agency which later results in a petition for the adoption of the child by the person with whom the voluntary place - ment was made. An aggrieved adoptive parent may bring a private action against their employer. The law entitles the successful adoptive parent to equitable relief, damages and attorney fees. Military Leave of Absence Nebraska law requires state and public employers in Nebraska to provide leave without loss of pay to employees who are members of:
• the National Guard; • the Army Reserve; • the Naval Reserve;
• the Marine Corps Reserve; • the Air Force Reserve; or • the Coast Guard Reserve.
Employees are also eligible if they are in “uniformed services” including the Armed Forces, and on active duty or engaged in certain other military duties. Aggrieved employees may be entitled to equitable relief and damages. Family Military Leave Act: Neb. Rev. St. §§ 55-501 to 55-507 Nebraska employers with at least 15 employees must provide unpaid family military leave to certain eligible employees who are the spouse or parent of a person called to military service under federal or state deploy - ment orders lasting 179 days or longer. Aggrieved employees may be entitled to equitable relief. Volunteer Emergency Responders Job Protection Act Nebraska employers with ten or more employees must provide certain emergency responders unpaid, job-protected leave in connection with volunteer emergency responder services. Employees are eligi - ble for this leave if a governing body in Nebraska has approved them to serve in: • a volunteer fire department; • a volunteer first aid, rescue, ambulance or emer - gency squad; • a volunteer fire company, association or organi - sation providing fire protection or emergency response services to protect life, health or property for any city, village, rural or suburban fire protection district; • the Nebraska wing of the Civil Air Patrol; or • a state emergency response team under the Emer - gency Management Act. An employee does not include professional firefight - ers or law enforcement officers acting as volunteer emergency responders.
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