Paid sick leave limitations approved

Senators passed a measure May 28 intended to clarify provisions of a ballot initiative passed by Nebraska voters that guarantees paid sick leave.

The successful ballot initiative, passed last November, provides eligible Nebraska employees the right to earn and use paid sick leave for family health needs based on the size of their employer — up to 40 hours annually for employers with fewer than 20 employees and 56 hours for businesses with more than 20 employees.

LB415, sponsored by Lincoln Sen. Beau Ballard, exempts individual owner-operators, independent contractors and individuals who work fewer than 80 hours annually from the provisions of the initiative, known as the Nebraska Healthy Families and Workplaces Act. Employees who are eligible for paid sick leave under the act will begin to accrue leave after 80 hours of consecutive employment.

Under the bill, employers with paid sick leave policies that equal or exceed the amount of paid sick leave required by the initiative are not required to provide any additional paid sick leave.

The measure also clarifies that employers are not required to pay out employees for unused paid sick time when they leave their place of employment. Employees who are rehired within 12 months will have their unused sick time reinstated.

The bill also includes provisions of LB698, sponsored by Sidney Sen. Paul Strommen. Those provisions exempt several groups from the Nebraska Healthy Families and Workplaces Act, including temporary and seasonal agricultural employees, workers under age 16 and businesses with 10 or fewer employees.

The provisions also remove protections for workers who face retaliation from their employer for using paid sick leave and the ability for employees to seek restitution for earned sick leave that was not granted.

Finally, LB415 includes provisions of two additional bills heard by the Business and Labor Committee this session. The provisions of LB402, sponsored by Elkhorn Sen. R. Brad von Gillern, classify gambling winnings as earnings under the Employment Security Act and allow the state Department of Labor to collect the overpayment of unemployment benefits of an individual who failed to report their gambling winnings.

Provisions of LB435, sponsored by Fremont Sen. Dave Wordekemper, change requirements for obtaining an elevator mechanic license and establish requirements for obtaining an elevator contractor license under the Conveyance Safety Act.

Omaha Sen. Machaela Cavanaugh offered a motion to recommit the bill to committee. After two hours of discussion, Ballard offered a motion to invoke cloture, which ends debate and forces a vote on the bill. The motion was adopted 33-16. Thirty-three votes were needed.

LB415 then passed on a vote of 33-16 and takes effect Oct. 1.