What the Nebraska Healthy Families and Workplace Act Means for Employees in 2025

Starting this fall in 2025, Nebraska workers have new rights when it comes to paid sick leave, thanks to the Nebraska Healthy Families and Workplace Act (NHFWA). 

This new law gives many employees across the state the right to earn paid sick leave, which wasn’t guaranteed before. For workers who have had to choose between a paycheck and their health, this law marks a significant step forward. 

In this article, we’ll discuss what the law means for employees and what rights you have if you feel your employer isn’t following the rules. If you have questions about your legal rights as an employee in Nebraska, please don’t hesitate to contact our law firm today. 

What Is This New Law in Nebraska and When Does It Go Into Effect?

The Nebraska Healthy Families and Workplace Act is a new state law that requires most employers to provide paid sick time (PST) to their employees. The law was passed on November 5, 2024, and will go into effect on October 1, 2025. 

Before this law, Nebraska did not have a statewide requirement for paid sick time, meaning many workers were unable to take time off when sick without losing income. 

Who Is Covered Under the Nebraska Health Families and Workplace Act?

Let’s break down who is required to provide sick leave to their employees under this new Act. 

Employers with 11 or more employees who have worked 80+ hours in Nebraska during a calendar year must comply with this new law. Smaller employers with 10 or fewer employees are exempt under the amendment. 

Additionally, the following employees are exempt from the NHFWA:

• Independent contractors
• Employees who have worked fewer than 80 hours in a year
• Workers under the age of 16
• Some employees who are seasonal or temporary workers
• Employees who are subject to the Railroad Unemployment Insurance Act 

How Sick Leave Accrues Under the Law

Here is how sick leave is earned:

• Employees earn 1 hour of paid sick leave for every 30 hours worked
• You can earn up to 40 hours (5 days) of sick leave per year if your employer has 11 to 19 employees
• Sick time starts accruing on your first day, but your employer may require you to work 90 days before you can use sick leave
• Unused sick time rolls over from year to year, but employers are not required to let you use more than 40 hours in a year 

When Can Employees Use Paid Sick Leave?

Under the NHFWA, employees may use PST as it is accrued, and for the following purposes:

• Personal health needs: Illness, injury, health conditions, diagnosis, treatment, preventive care, or mental health care
• Family care: Caring for a family member with an illness or attending a medical meeting for a child’s health condition
• Public health emergencies: Responding to business closure due to communicable disease — even if the employee is not ill

Companies With Existing Paid Time Off (PTO) Policies

Some employers may already offer a paid leave policy that meets or exceeds NHFWA requirements and allows usage for the same purposes. In that case, they are not required to provide additional sick leave. 

Employers may retain their existing PTO policies, provided they meet the legal minimums, rather than adopting the new NHFWA policies. 

Do You Need to Provide a Doctor’s Note to Take a Sick Day?

No, you typically do not need to provide your employer with a note from your doctor for one sick day. However, if you use 3 or more consecutive sick days, your employer may request reasonable documentation. This could either be in the form of a document from a healthcare provider or a written employee explanation if getting a doctor’s note isn’t possible. 

Do You Need to Find Someone to Cover Your Shift if You Use Sick Leave?

No, employees are not required to find a replacement for their shift. Under the new law, employers are explicitly prohibited from requiring an employee to cover their own shifts as a condition of taking paid sick time. 

How NHFWA Benefits Employees

The Nebraska Healthy Families and Workplace Act is beneficial to employees for many different reasons.

Job protection when sick

Before this law, many Nebraska workers, especially those in low-wage, part-time, and temporary jobs, had no guaranteed paid sick leave. Now, employees no longer have to choose between going to work sick or staying home without pay. 

Caring for loved ones

NHFWA allows employees to take paid time off to care for:

• Children 
• Spouses
• Parents
• Grandparents
• Siblines
• Any other close family relationship

This flexibility is especially valuable for workers who are caregivers or have family members with chronic or unexpected health issues. 

Public health protection

The new statute makes workplaces, schools, and public spaces safer for everyone. 

By encouraging sick workers to stay home, the law helps prevent the spread of:

• Seasonal viruses like the flu
• Viruses like COVID-19
• Contagious conditions like pink eye

Fairness

Employees know how much leave they earn, how it can be used, and when they can use it. This gives workers more:

• Financial predictability
• Work-life balance
• Protection from employer retaliation

Stronger workplace rights

While employees are not able to sue under this new law, the Department of Labor can step in if an employer fails to provide sick time or if an employer punishes someone for using it. 

How the NHFWA Benefits Employers

The new guidelines regarding sick pay also have some benefits to employers. 

Healthier workforce

A healthier team means more consistent productivity and fewer disruptions. Paid sick leave helps reduce:

• Workplace illness and outbreaks
• Employees who show up to work sick and perform less effectively
• Turnover due to burnout or health issues

Simplified compliance

To prevent confusion that can arise city-by-city or county-by-county, the new law creates clear, statewide standards as follows: 

• 1 hour of leave per 30 hours worked
• 40 to 56 hours of required annual accrual, depending on company size
• Written notice and recordkeeping requirements

Workforce loyalty and retention

Offering paid sick leave signals that an employer:

• Respects employees’ health and family obligations
• Values fairness
• Invests in employees’ well-being

That boosts morale, employee loyalty, and employer reputation, especially in a competitive job market. 

Legal protection

By complying with the NHFWA, employers can:

• Avoid penalties from the Department of Labor
• Prevent costly disputes over leave use or retaliation claims
• Maintain eligibility for state contracts (repeat offenders can be disqualified)

Steps Nebraska Employees Can Take to Protect Their Legal Rights Under NHFWA

If you’re an employee in Nebraska, taking the following steps can help you protect your legal rights under the NHFWA:

• Confirm you qualify for paid leave. You must work at least 80 hours in a calendar year and be 16 years of age or older. Additionally, if you work for a small company with fewer than 11 employees, you may not be covered under the law.
• Keep track of your hours. Keep a personal record of your hours worked. Your right to earn paid sick time begins after you have worked 80 hours in Nebraska. Accrual starts after that. 
• Ask for your employer’s sick leave or PTO policy in writing. Your employer may already offer a PTO police that meets or exceeds the requirements of the NHFWA. Make sure the policy allows at least 40 or 56 hours of paid leave per year, can be used for sick or caregiving needs, and doesn’t deny carryover or accrual. 
• Follow your employer’s sick leave procedures. Employers can require reasonable steps when requesting leave. Try to give notice as early as possible. Follow the call-in or reporting procedures. Provide a doctor’s note if your absence lasts more than 3 days. 
• Maintain records of accrual and usage. Track how much sick leave you’ve earned and used. Your employer should keep accurate records, but keeping your own notes helps in case of a dispute. 
• Know your rights against retaliation. It is illegal for your employer to fire you, demote you, cut your hours, or otherwise punish you for using sick leave legally. If you suspect retaliation, document everything, such as dates, people involved, and what was said or done. 
• Report violations to the Nebraska Department of Labor. If your employer refuses to follow the law, you have the right to file a complaint with the Nebraska Department of Labor. You cannot sue your employer directly under the NHFWA; the complaint process is handled by the state. 
• Get the legal guidance you need. If you are not sure whether your rights are being violated, or if you have experienced denial of leave, it may help to speak with an attorney familiar with employment and labor laws. A personal injury law firm can clarify your options and protect your job and your health. 

Injured at Work? Schedule a Free Consultation Today

The Nebraska Healthy Families and Workplace Act is advancing workers’ rights in our state. Whether you’re dealing with a cold or caring for a sick child, this law helps protect your job and your paycheck. 

At Hauptman, O’Brien, Wolf & Lathrop, LLC, we know that recovery time is critical after an injury, whether it’s a car crash, workplace accident, or slip-and-fall. This new law helps ensure you don’t have to rush back to work while still healing. 

If you’re unsure how the Nebraska Healthy Families and Workplace Act affects your specific situation or if you’re dealing with an injury, our legal team is here to help. You can reach us 24/7 at (402) 241-5020 to schedule a free case review.