Nebraska Family Leave Policy Checklist
Description
How to fill out Family Leave Policy Checklist?
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FAQ
FMLA leave is unpaid, and Nebraska does not have a paid family leave law or offer paid short-term disability benefits. However, you may askor your employer may require youto use your accrued paid leave (like sick days, vacation, or PTO) to get paid during your time off.
Employees are eligible for FMLA leave if they: have worked for the employer for at least a year. have worked at least 1,250 hours during the 12 months prior to taking leave, and. work at a location where the employer has at least 50 employees within a 75-mile radius.
If the employer determines that the employee does not qualify for such leave (for example, the employee has less than a year of service or has not worked the requisite number of hours) the employer may let down their guard and not issue any leave paperwork to the employee.
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
While Nebraska does not have a paid family leave law, state statute grants additional rights to workers beyond the requirements set forth in the FMLA.
FMLA regulations.The FMLA does not prohibit an employee from working another job while on FMLA leave. However, FMLA regulation 825.216(e) states: "If the employer has a uniformly-applied policy governing outside or supplemental employment, such a policy may continue to apply to an employee while on FMLA leave.
If an employee does not provide either a complete and sufficient certification or an authorization allowing the health care provider to provide a complete and sufficient certification to the employer, the employee's request for FMLA leave may be denied.
In order for an employee to be eligible to take FMLA leave due to stress, the stress must be so severe that it amounts to a serious health condition which renders the employee unable to perform the tasks required by his or her job.
Under the FMLA, a serious health condition is an illness, injury, impairment or physical or mental condition that involves inpatient care (defined as an overnight stay in a hospital, hospice or residential medical care facility; any overnight admission to such facilities is an automatic trigger for FMLA eligibility) or
If you are not eligible for FMLA, you may still be eligible for a Medical Leave under Civil Service Rules or your collective bargaining agreement.
