Nebraska
Verified February 2026Nebraska Fair Employment Practice Act
Neb. Rev. Stat. §§ 48-1101 to 48-1126
Nebraska does not have a state-level family or medical leave law that supplements the federal FMLA. For most employees in Nebraska, the right to unpaid, job-protected leave for serious health conditions or caregiving relies entirely on the federal Family and Medical Leave Act (FMLA). To qualify, you generally must work for an employer with 50+ employees and have worked there for at least 12 months and 1,250 hours.
Nebraska provides anti-discrimination protection through the Nebraska Fair Employment Practice Act (NFEPA), codified at Neb. Rev. Stat. §§ 48-1101 to 48-1126. The NFEPA covers employers with 15 or more employees, matching the federal ADA threshold. The Nebraska Equal Opportunity Commission (NEOC) enforces the law and investigates discrimination complaints, including disability-based claims. Employers are required to provide reasonable accommodations for employees with disabilities unless doing so would cause undue hardship.
A significant recent development is Initiative 436, approved by Nebraska voters in November 2024 and effective October 2025. This ballot measure requires employers with 20 or more employees to provide up to 56 hours of paid sick leave per year, while employers with fewer than 20 employees must provide up to 40 hours. Employees accrue one hour of paid sick leave for every 30 hours worked. This marks a major expansion of worker protections in Nebraska.
The combination of the Nebraska Fair Employment Practice Act, the new paid sick leave law, federal FMLA, and the ADA now gives Nebraska workers a stronger set of protections than many neighboring states. Workers should understand how these overlapping laws apply to their situation based on their employer’s size and their specific needs.
Employer Size
15+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: Nebraska does not have a state family or medical leave law. Federal FMLA is the primary source of job-protected leave. A new paid sick leave law (Initiative 436) took effect October 2025, providing up to 56 hours per year.
Anti-Discrimination: The Nebraska Fair Employment Practice Act matches the federal ADA's 15-employee threshold and is enforced by the Nebraska Equal Opportunity Commission.
Additional Protections
Nebraska Paid Sick Leave (Initiative 436)
Effective October 2025, employers with 20+ employees must provide up to 56 hours of paid sick leave per year. Employers with fewer than 20 employees must provide up to 40 hours. Employees accrue one hour for every 30 hours worked. Leave can be used for the employee’s own illness, a family member’s care, or reasons related to domestic violence or sexual assault.
Initiative 436 (2024)
Nebraska Workers’ Compensation – Mental Health Coverage
Nebraska workers’ compensation covers mental injuries resulting from workplace events. Mental-mental claims (psychological injury without physical injury) are compensable when caused by extraordinary and unusual workplace stress, not the normal conditions of employment.
Neb. Rev. Stat. § 48-101
1. Request FMLA Leave (Federal)
Since Nebraska has no state family leave law, eligible employees follow federal FMLA procedures:
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. File a Disability Discrimination Complaint
- Verify your employer has 15+ employees and the incident is within 300 days.
- File a complaint with the Nebraska Equal Opportunity Commission online, by mail, or in person.
- NEOC will investigate the complaint and attempt conciliation if it finds reasonable cause.
- If conciliation fails, NEOC may hold a hearing or you may file a civil action in state district court.
Note: Filing with NEOC automatically cross-files with the federal EEOC through a work-sharing agreement.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 300 days - Deadline to file a discrimination complaint with the Nebraska Equal Opportunity Commission
- 300 days - Deadline to file with the federal EEOC (extended because NEOC exists as a local agency)
- As soon as practicable - Workers’ comp injury must be reported to employer (written notice recommended within 10 days)
- 2 years - Statute of limitations for workers’ compensation claims in Nebraska
Official Resources
Frequently Asked Questions
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