Understanding the Nebraska Healthy Families and Workplaces Act

Paid sick time can be used:

• To care for an employee’s or an employee’s family member’s mental or physical illness, injury, or health condition; need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or need for preventive medical care.
• To attend a meeting for the employee’s child that is needed for the child’s mental or physical illness, injury, or health condition at the school or place where the child is receiving care.
• When a public official orders the closure of an employee’s place of business due to a public health emergency.
• When there is a need to care for the employee’s child whose school or place of care has been closed by an order from a public official due to a public health emergency.
• When the employee needs to self-isolate or care for the employee or a family member when health authorities with proper jurisdiction, or a health care professional, have determined that the employee’s or family member’s presence in the community may jeopardize the health of others because of exposure to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease.

A family member is defined by the HFWA as any individual related by blood to the employee or whose close association with the employee is the equivalent of a family relationship.

Examples of who meet this definition include:

• A biological, foster, step, or adopted child; legal ward; or a child to whom the employee stands in loco parentis
• A biological, foster, step, or adoptive parent; legal guardian; or a person who stood in loco parentis to the employee when the employee was a minor child
• A grandparent or grandchild
• A biological, foster, adoptive, or step sibling
• Any of the previously listed family members of the employee’s spouse
• A legally married spouse
• Any individual whose close association with the employee is equivalent to a family relationship

Yes, if the employer has a written policy requiring an employee to give notice of the need to use paid sick time. The written policy must contain reasonable procedures for employees to provide notice. An employer that doesn't give an employee a copy of the written policy can't decline paid sick time to the employee.

No, employers can't require employees to find a replacement worker to cover the hours missed.

Yes, employers can request reasonable documentation if the employee has used paid sick time for more than three consecutive workdays.

Reasonable documentation includes documentation signed by a health care professional indicating that paid sick time is or was necessary.

If the employee or a family member did not receive services from a health care professional or if documentation can't be obtained from a health care professional in a reasonable time or without added expense, a written statement from the employee indicating that the employee is taking or took paid sick time for a qualifying purpose must be considered reasonable documentation.