Many clients have reached out with questions on the Nebraska Healthy Families and Workplace Act (Neb. Rev. Stat. §§ 48-3801 to 48-3811). Recently, the Department of Labor sent out information to Nebraska employers, including schools. The law is going into effect soon, sparking many questions from schools about how the law applies to them.
The Act generally requires that “employers” provide certain paid “sick time” benefits to their employees. Specifically, Neb. Rev. Stat. § 48-3804(1) outlines the circumstances in which eligible employees must be granted this leave. Understandably, our school administrators want to know whether these requirements extend to schools. The good news is: they do not.
The Act defines which entities are considered “employers” for purposes of the law. Under Neb. Rev. Stat. § 48-3802(4)(b): “Employer does not include the United States or the State of Nebraska or its agencies, departments, or political subdivisions.” Since Nebraska public school districts are political subdivisions, public schools are not considered “employers” under the Act. That means schools are not subject to the law’s paid sick leave requirements.
What This Means for Districts
No new mandates: School districts are not required to adjust their current leave policies to comply with this Act. Nor are they required to hang any new posters or provide any notices to employees.
Existing policies still control: Districts should continue to follow their negotiated agreements, board policies, and staff contracts and/or handbooks governing employee leave.
Communication is key: Because this law has received considerable attention statewide, employees may have questions. School administrators may wish to proactively clarify that while the Act expands benefits to other employers in Nebraska, it does not change leave policies for school district employees.
If you have any additional questions on this new law, please reach out to us at ksb@ksbschoollaw.com or give us a call at 402-804-8000.