Nebraska Administrative Code
Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF
Title 273 - STATE PERSONNEL DIVISION
Chapter 9 - PROVISIONS FOR LEAVE
Section 273-9-07 - SICK LEAVE

Current through October 16, 2022

See Neb. Rev. Stat. § 81-1320.

07.01 CONDITIONS FOR USING SICK LEAVE. The following conditions are the only valid reasons sick leave may be used:

(A) An employee is unable to perform his/her duties because of sickness, disability or injury. Pregnancy, post-natal recovery and miscarriage will be considered temporary disabilities;

(B) An employee obtains medical, surgical, dental or optical examinations or treatment;

(C) An employee's presence at work jeopardizes the health of others by exposing them to a contagious disease; or

(D) The illness, disability, injury or medical, surgical, dental or optical appointment of a family member demands the employee's presence. Family member means a spouse, child, or parent. At the agency head's discretion, the definition of family may be broadened. Employees may use vacation time for care of family members when their presence is helpful, but not essential, if approved by the agency head.

07.02 REQUESTS FOR SICK LEAVE. Sick leave must be requested in advance when possible. In the case of illness, injury, emergency or any other absence not approved in advance, the employee will inform the supervisor of the circumstances as soon as possible. An employee may be directed to submit substantiating evidence.

007.02(A) Sick leave shall be denied when the agency head has facts showing that the employee is abusing sick leave.

007.02(B) Sick leave cannot be used as vacation leave.

07.03 BALANCING OF SICK LEAVE. The sick leave account of each employee will be balanced to a maximum of 1440 hours on December 31 of each year. Sick leave may be accumulated in excess of 1440 hours during a year, but the excess will be forfeited when balanced.

07.04 FORFEITING OF SICK LEAVE UPON SEPARATION; SICK LEAVE PAYMENTS UPON RETIREMENT OR DEATH. All sick leave will be forfeited upon separation from employment, except that an employee age 55 or above, or of a younger age if the employee meets all criteria necessary to retire under the primary retirement plan covering his/her State employment, or at death, will be paid one-quarter of his/her employee's accumulated sick leave.

007.04(A) This subsection has been adjusted pursuant to Neb. Rev. Stat. § 81-1317.

07.05 SICK LEAVE REINSTATEMENT. An employee who has left state service for other than disciplinary reasons and returns within five years will have reinstated to the sick leave account all earned sick leave not used at time of departure. Any employee who has retired or voluntarily separated in lieu of retirement will not have any sick leave reinstated.

007.05(A) This subsection has been adjusted pursuant to Neb. Rev. Stat. § 81-1317.

007.05(B) Employees eligible for retirement who are laid off have the option to defer the payment of one-quarter of their sick leave account for up to 12 months. Should the laid off employee return to state employment within 12 months, the employee's sick leave balance and service date will be reinstated (minus the time in a non-pay status). Should the laid off employee not obtain further state employment at the end of the 12-month period, the agency from which they left will pay them one-quarter of their sick leave account.

Adopted effective 12/21/2021

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