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:
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:
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:
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