Certain workers in Nebraska would see increased benefits under two bills heard by the Business and Labor Committee Feb. 9.<\/p>\n
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.<\/p>\n
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.<\/p>\n
\u201cToo many families face serious conflict between work and family because they don\u2019t have access to paid sick leave,\u201d he said.<\/p>\n
The bill also would provide for paid \u201csafe time,\u201d 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.<\/p>\n
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\u2019s 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\u2019s provisions.<\/p>\n
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.<\/p>\n
\u201cI was lucky that my place of employment was willing to be flexible,\u201d Larson said.<\/p>\n
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.<\/p>\n
\u201cWorkers should not have to choose between financial stability and their health or safety,\u201d Goddard said.<\/p>\n
Ron Sedlacek, representing the Nebraska Chamber of Commerce, testified in opposition to the bill, calling it a \u201cone size fits all approach\u201d that denies employers the flexibility to design a benefit package that works best for their business and its employees.<\/p>\n
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.<\/p>\n
\u201cMore research needs to be done,\u201d he said. \u201cA full accounting of this legislation\u2019s impact in other jurisdictions is going to take additional time.\u201d<\/p>\n
LB627, introduced by Omaha Sen. Heath Mello, would update the Nebraska Fair Employment Practices Act to clarify workplace protections for pregnant workers.<\/p>\n
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.<\/p>\n
\u201cMore women than ever are working into the ninth month of pregnancy in order to make ends meet,\u201d Mello said. \u201cWe can keep women in the workplace\u2014providing for their families\u2014while also protecting their health.\u201d<\/p>\n
Reasonable accommodations for pregnant workers outlined in the bill include:
\n\u2022 periodic rest;
\n\u2022 equipment for sitting;
\n\u2022 more frequent or longer breaks;
\n\u2022 assistance with manual labor;
\n\u2022 job restructuring;
\n\u2022 light duty assignments;
\n\u2022 modified work schedules;
\n\u2022 temporary transfers to less strenuous or hazardous work;
\n\u2022 time off to recover from childbirth; and
\n\u2022 appropriate facilities for breast-feeding.<\/p>\n
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.<\/p>\n
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.<\/p>\n
\u201cIt is a terrible position to be forced to choose between your job and your doctor\u2019s recommendations,\u201d Crockett said.<\/p>\n
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.<\/p>\n
\u201cLB627 ensures that our laws are consistent with the Nebraska values of family and hard work,\u201d Mancuso said.<\/p>\n
No one testified in opposition to LB627 and the committee took no immediate action on either bill.<\/p>\n","protected":false},"excerpt":{"rendered":"
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