UPDATE: Nebraska Paid Sick Leave Initiative makes the November Ballot- Now What?

The petition requiring Nebraska employers to offer paid sick leave to their employees will officially appear on the November ballot. If passed, it will require employers to make some changes.

Currently, there is no federal law mandating paid sick leave for all employees. Employers' only requirement is to comply with other federal provisions that touch on sick leave found in other federal mandates (like the FFCRA or FMLA). Nebraska also does not, as of now, have a statewide paid sick leave policy. This means these policies are determined by each individual employer, and many of these employers may have to overhaul their sick leave policies to ensure compliance.

If the Initiative passes, below are some additional steps that employers can take to ensure a smooth transition.

1) Determine what category of employer you fall into. The requirements under the Initiative vary by the number of employees an employer has. There are different requirements for an employer who has 20 or more employees. If you are an employer who floats around the 20-person cutoff, be aware of any fluctuations in employee numbers to ensure continued compliance.

2) Look at policies and procedures drafted by states with similar initiatives. Many employers have been drafting their own policies surrounding sick leave, and it may not be easy to create policies that are compliant yet tailored to their business. The following states have similar laws: California, New York, New Jersey, Connecticut, Oregon, and Washington. While these states' paid sick leave laws vary and have unique requirements, their language and application can be a great starting point for any employer needing to redraft its policy.

3) Draft and post the notice of commencement. If the Initiative passes, employers will be required to give their employees written notice of the policies either when the employee begins working or by September 15, 2025, whichever is later. The notice must be provided in English and any language that is the first language spoken by at least five percent of the employer's workforce. Additionally, employees must display a poster containing the relevant information in Section 6.1 of the Initiative. Suppose an employer does not maintain a physical workspace. In that case, they are still required to provide notice either through electronic communication or a conspicuous online posting.

4) Look for notices or updates from the Department of Labor. The Department of Labor is responsible for implementing and enforcing the Initiative. In doing so, it may adopt or develop rules and regulations that it deems necessary to carry out the act. Employers must comply with these rules and regulations as well as with the Initiative generally.

If passed, employees will be entitled to paid sick time beginning October 1, 2025. Suppose an employer provides a more generous paid sick time policy than required under the Initiative. In that case, their policy will not be impacted.

For general information regarding the Nebraska Paid Sick Leave Initiative, please see Bonnie Boryca's article, which can be found here.