Nebraska Paid Sick Leave Laws

Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in the state of Nebraska.

What is Paid Sick Leave?

Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.

There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.

The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.

Does Nebraska Have Paid Sick Leave Laws That Differ from Federal Paid Sick Leave Laws?

As of November 2024,  the Paid Sick Leave for Nebraskans initiative (436) was passed by a majority of voters, requiring all Nebraska employers to provide paid sick leave to eligible employees. It went into effect on October 1, 2025.

Are There Requirements to be Eligible for Paid Sick Leave in Nebraska?

Yes, employees must work a minimum of 80 hours to begin accruing paid sick leave in Nebraska.

Is There a Minimum Amount of Paid Sick Time Required in Nebraska?

Yes, although the minimum amount depends on employer size. If an employer has between 11 and 19 employees, they must earn at least 40 hours of paid sick leave during a year. Employers with 20+ employees are required to provide 56 hours of paid sick leave per year.

What Can PSL be Used for in Nebraska?

Employees may use their accrued paid sick time for the following reasons:

• The employee’s illness, injury, or health condition
• For treatment, preventative care, or diagnosis
• Care of the employee’s family members for illness, injury, or health condition; or for treatment, diagnosis, or preventative medical care
• Meetings related to the employee’s child’s illness, injury, health condition, at school or care provider
• Closure of the employee’s business or to care for a child due to closure of school or place of care by order of a public official due to a public health emergency
• The employee’s need to self-isolate or care for a family member who needs to isolate due to a communicable disease as determined by a health authority or a health care professional

Is Paid Sick Leave Required to be Carried Over Each Year in Nebraska?

Yes, employers must allow employees to carry over any unused paid sick time from year to year with no maximum.

Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in Nebraska?

Yes. Paid sick leave is required by state law, while PTO is an optional benefit an employer may choose to offer.

Common Nebraska Paid Sick Leave Laws FAQs

How much paid sick leave am I entitled to take and be paid for in Nebraska?

If your employer has between 11 and 19 employees, you are entitled to earn 40 hours of paid sick leave per year (after working for at last 80 consecutive hours). The minimum for employers with 20+ employees is 56 hours per year. If you work for an employer with 10 employees or fewer, there is no requirement to provide PSL.

Does paid sick leave apply to all employees who work in Nebraska?

It applies to all employees working for employers with at least 11 employees.

Which employees are exempt or partially exempt from the paid sick leave law in Nebraska?

Employees working for companies with 10 employees or fewer are exempt from earning paid sick leave. Additionally, the following are exempt:

• Individual owner-operators
• Independent contractors
• Individuals who work in Nebraska for fewer than 80 hours in a calendar year
• Individuals who are employed in agricultural employment of a seasonal or other temporary nature
• Employees who are subject to the federal Railroad Unemployment Insurance Act
• Individuals under 16 years of age

Do I have to notify my employer before taking sick leave in Nebraska?

The requirement to notify an employer before taking sick leave is based on company policy.

Can I be disciplined for taking a sick day or using paid sick leave in Nebraska?

No, the law states that employers may not retaliate against employees for using their earned paid sick leave.

WorkforceHub, a time and labor platform, can help your company manage any requirements associated with accruals. Learn more and try it for free today.

Paid Sick Leave for Nebraskans

Paid Sick Time FAQs

Paid Sick Time Notice

Nebraska Department of Labor