Increased worker benefits proposed
Certain workers in Nebraska would see increased benefits under two bills heard by the Business and Labor Committee Feb. 9.
LB493, introduced by Omaha Sen. Jeremy Nordquist, would require businesses that employ four or more individuals to provide employees a minimum of one hour of paid sick and safe time for every 30 hours worked, up to 40 hours per year.
Nordquist said approximately 26 percent of Nebraska workers lack paid sick leave because their employer does not offer it. As a result, he said, many workers cannot take time off to care for themselves or a sick child.
“Too many families face serious conflict between work and family because they don’t have access to paid sick leave,” he said.
The bill also would provide for paid “safe time,” which is defined as an absence due to domestic or sexual assault or stalking, if an employee uses the time to obtain medical attention, victim services, counseling, legal services or to relocate or participate in criminal proceedings.
An employer could not require an employee to find a replacement worker to cover the hours that the employee is on paid sick or safe time. If an employee’s use of paid sick or safe time exceeded three consecutive workdays, an employer could require reasonable documentation and an employer would be prohibited from retaliating or discriminating against employees for taking time off under the bill’s provisions.
Teresa Larson of Omaha testified in support of LB493, saying the process of obtaining domestic violence services can be time consuming. For example, she said, filing out a protection order can take several hours and many women in domestic abuse situations have difficulty obtaining the time off required.
“I was lucky that my place of employment was willing to be flexible,” Larson said.
James Goddard of Nebraska Appleseed also testified in support. Approximately 27,000 families in Nebraska are headed by low-income women, he said, and nearly half of all victims of domestic violence report having lost a job due to their situation.
“Workers should not have to choose between financial stability and their health or safety,” Goddard said.
Ron Sedlacek, representing the Nebraska Chamber of Commerce, testified in opposition to the bill, calling it a “one size fits all approach” that denies employers the flexibility to design a benefit package that works best for their business and its employees.
Sedlacek said employers in other states have scaled back other benefits to adapt to the costs of similar mandates and that it is too soon to determine the impact LB493 might have in Nebraska.
“More research needs to be done,” he said. “A full accounting of this legislation’s impact in other jurisdictions is going to take additional time.”
LB627, introduced by Omaha Sen. Heath Mello, would update the Nebraska Fair Employment Practices Act to clarify workplace protections for pregnant workers.
Mello said that while protections for pregnant workers currently exist, those protections lack specificity and definition. The existing language has proven inadequate, he said, and courts have handed down increasingly narrow interpretations of what constitutes a reasonable accommodation for a pregnant employee.
“More women than ever are working into the ninth month of pregnancy in order to make ends meet,” Mello said. “We can keep women in the workplace—providing for their families—while also protecting their health.”
Reasonable accommodations for pregnant workers outlined in the bill include:
• periodic rest;
• equipment for sitting;
• more frequent or longer breaks;
• assistance with manual labor;
• job restructuring;
• light duty assignments;
• modified work schedules;
• temporary transfers to less strenuous or hazardous work;
• time off to recover from childbirth; and
• appropriate facilities for breast-feeding.
The bill also would prohibit discrimination against an individual who is pregnant in regard to job application procedures or the hiring, compensation, job training, advancement or discharge of employees.
Libby Crockett, an OB-GYN testifying on behalf of the Nebraska Medical Association, spoke in favor of the bill. Many women are afraid to ask for accommodations because of fear of losing their jobs, she said, adding that one of the most common reasons women discontinue breast-feeding is lack of employer support.
“It is a terrible position to be forced to choose between your job and your doctor’s recommendations,” Crockett said.
Aubrey Mancuso of Voices for Children in Nebraska also supported the bill, saying 71 percent of women who give birth in a given year in Nebraska are employed and need reasonable accommodations and protections.
“LB627 ensures that our laws are consistent with the Nebraska values of family and hard work,” Mancuso said.
No one testified in opposition to LB627 and the committee took no immediate action on either bill.
