Nebraska Administrative Code
Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF
Title 273 - STATE PERSONNEL DIVISION
Chapter 9 - PROVISIONS FOR LEAVE
Section 273-9-17 - FAMILY AND MEDICAL LEAVE

Current through October 16, 2022

17.01 ELIGIBILITY. Family and Medical Leave is unpaid time off from work except when an employee chooses to use vacation or sick leave as part of their 12 weeks of Family and Medical Leave. An employee needs to have at least 12 total months of service and at least 1250 hours of paid service in the previous 12-month period to be eligible for Family and Medical Leave. Temporary employment with the State of Nebraska counts toward an employee's eligibility.

17.02 CONDITIONS FOR USING FAMILY AND MEDICAL LEAVE. An employee may use Family and Medical Leave for the following reasons:

017.02(A) Because of the birth of a child of the employee.

017.02(B) Because of the adoption or placement of a foster care child with the employee.

017.02(C) In order to care for the serious health condition of the employee's spouse, child or parent.
017.02(C)(i) "Child" may include stepchildren, foster children or certain other children having more than a short-term residence in the employee's home, such as legal wards of the employee.

017.02(C)(ii) Care for mother-in-law or father-in-law is not included. However, "parent" may include individuals other than biological or adoptive parents who served in a long-term parental role for the employee.

017.02(D) Because of the serious health condition of the employee.
017.02(D)(i) Serious health conditions are defined as illness, injury, impairment or physical or mental conditions that involve:
(1) in-patient care,

(2) absence from work, school or other regular daily activities for more than three calendar days and continuing treatment by a health care provider, or

(3) continuing treatment by (or under the supervision of) a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days, or prenatal care.

17.03 CERTIFICATION OF SERIOUS HEALTH CONDITIONS. An employee requesting to use Family and Medical Leave due to a serious health condition needs to provide certification from a health care provider which includes:

(1) the date on which the serious health condition commenced;

(2) the probable duration of the condition;

(3) any appropriate medical facts;

(4) a statement containing specific information why the employee is needed to care for the child, spouse or parent, OR, a statement containing specific information why the employee is unable to perform the functions of the job; and

(5) if the leave is to be intermittent, a statement containing specific information concerning planned medical treatments, the expected dates and duration of treatment.
017.03(A) MEDICAL SECOND OPINIONS. The Agency may require a second opinion (the agency's choice of health care provider) and needs to pay for the cost of the second opinion. If the second opinion differs from the first, a third opinion may be sought (from a mutually agreed upon health care provider, again, at the agency's expense). The results of the third opinion are final.

17.04 NOTICE OF INTENT TO USE FAMILY AND MEDICAL LEAVE. An employee will provide a minimum of 30-days' notice to the Agency before he or she may use Family and Medical Leave. Where 30-days' notice is not foreseeable, notice needs to be given as early as possible.

17.05 FAMILY AND MEDICAL LEAVE DURATION. Family Medical Leave commences the day leave was first taken for the qualifying condition and is limited to 12 weeks within the 12-month period following the commencement date.

17.06 FAMILY AND MEDICAL LEAVE NOT CUMULATIVE. Family and Medical Leave cannot be carried forward beyond the 12-month period and banked for future use.

17.07 INCREMENTAL USE OF FAMILY AND MEDICAL LEAVE. Family and Medical Leave may be taken in increments with proper medical certification. Federal law allows employees not eligible for overtime (exempt employees) to make incremental use of unpaid Family and Medical Leave without affecting their "salaried" status.

17.08 HEALTH INSURANCE WHILE ON FAMILY AND MEDICAL LEAVE. Employer health insurance contributions will continue during an employee's unpaid Family and Medical Leave absence, provided the employee makes his/her required contribution. Employer contributions will be based as if the employee had continued to work his/her normal schedule. When an employee does not return from Family and Medical Leave for a reason other than:

(1) the continuation, recurrence or onset of a serious health condition which would entitle the employee to Family and Medical Leave; or

(2) other circumstances beyond the employee's control, the employee will be required to reimburse the State for the State's share of health insurance premiums paid on the employee's behalf during the Family and Medical Leave.

17.09 FAMILY AND MEDICAL LEAVE AND WORKER'S COMPENSATION. If an employee requests Family Leave due to an injury or illness qualifying for Workers' Compensation, the agency will contact DAS-Risk Management for coordination of Workers' Compensation and Family and Medical Leave benefits.

17.10 FAMILY AND MEDICAL LEAVE DENIALS. DAS-Employee Relations Division will be notified by the agency of any requests for Family and Medical Leave which are denied.

Adopted effective 12/21/2021

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