Nebraska Family Military

Nebraska Family Military Leave Neb. Rev. Stat. §§ 55-501 et seq.

Covered Employers: Nebraska employers with 15 employees, including independent contractors.

Employee Eligibility: An employee or independent contractor who has at least 12 months of service and has worked for at least 1,250 hours during the 12-month period immediately preceding the commencement of this leave.

Entitlement: Employers with 15-50 employees are required to provide up to 15 days of family military leave during the time that federal or state deployment orders are in effect.
Employers with more than 50 employees are required to provide up to 30 days of family military leave during the time that federal or state deployment orders are in effect.

Family military leave means leave requested by an employee who is the spouse or parent of a person called to military service lasting one hundred seventy-nine days or longer with the state or United States pursuant to the orders of the Governor or the President of the United States.

Employer Notice: No.

Employee Notice: The employee shall give at least 14 calendar days of notice of taking leave if the leave will consist of 5 or more consecutive workdays. Whenever possible, the employee shall consult with the supervisor to schedule the leave so as to not unduly disrupt the work operations. An employee taking less than 5 consecutive days shall give the supervisor notice as is practicable.

Obligation to Provide Certifications or Documents Supporting Need for Leave: The employer may require certification from the proper military authority to verify the employee's eligibility for the requested leave.

Paid?: Unpaid

Benefits: During the leave, the employer must make it possible for the employees to continue their benefits at the employee's expense. Taking family military leave shall not result in the loss of benefits accrued before the leave started.

Reinstatement: Employee is entitled to be reinstated to the position he or she held when the leave commenced or to a position with equivalent seniority status, benefits, pay, etc., except when the employer proves the employee is not restored due to reasons unrelated to taking leave.
Other Important Definitions/Requirements:

Absence Specification

Concurrency

  • May run concurrent with federal FMLA

Amount of leave provided

  • 15 days for employers with 15-50 employees

  • 30 days for employers with more than 50 employees

Employer Eligibility Rules

  • Employers with 15 or more employees

Employee Eligibility Rules

  • 1250 hours worked

  • 12 months of service

  • Child,Spouse

  • Deployment

Intake Trigger

  • Military

    • Active

      • Exigency

Calendar Type

  • Per event

Notes