As the 2024 elections approach, several ballot initiatives are gaining momentum in Nebraska, with one particular initiative standing out: Paid Sick Leave for Nebraskans. This initiative, if passed by the majority of Nebraska voters in November 2024, would significantly affect employers across the state. Here’s what you need to know to prepare for this potential change. Here are some key provisions:

Accrual of paid sick leave.

Under this initiative, all Nebraska businesses would be required to offer paid sick leave to employees. They would earn one hour of paid sick leave for every 30 hours worked.

Carryover of unused leave.

Employees may carry over unused paid sick leave to the following year, but the amount shouldn’t exceed the maximum number of hours specified in the policy.

Protection from retaliation.

The initiative would put into law the ability for employees to earn and use paid sick days without retaliation.

Effective date.

If passed, paid sick leave would go into effect on October 1, 2025.

Exemptions.

The policy wouldn’t interfere with collective bargaining agreements, contracts, or policies that provide employees with more generous paid sick time. It also wouldn’t apply to federal, state, or county employees.

Paid sick leave is aimed at benefiting working families and businesses alike. It ensures that employees don’t have to choose between their paycheck and their family’s health. It applies to full-time, part-time, and temporary employees.

Businesses can benefit because paid sick leave may help attract a qualified workforce to the many open jobs across Nebraska, including appealing to workers from other states.

Under the proposal, the amount of paid sick leave employees would earn varies depending on the size of the employer:

For employers with fewer than 20 employees, workers may earn up to five days of paid sick leave per year.

For employers with 20 or more employees, workers may earn up to seven days of paid sick leave per year.

The Paid Sick Leave for Nebraskans initiative has gained significant funding support, raising more than $1.7 mil- lion since its launch in July. The Sixteen Thirty Fund-a national organization supporting social change goals- has contributed over $1.6 million to the campaign.

Local groups such as the Nebraska Appleseed Action Fund, the Women’s Fund of Omaha, the Civic Engagement Table, the ACLU of Nebraska Foundation, and Raise the Wage Nebraska have also supported the campaign.

Employers in Nebraska should be aware of the potential changes brought about by the Paid Sick Leave for Nebraskans initiative. If the initiative passes, you will need to adjust your policies and practices to comply with the new paid sick leave requirements. This may include implementing a tracking system for accrued leave, ensuring compliance with carryover limits, and updating company policies to prevent retaliation against employees for using paid sick leave.

The Paid Sick Leave for Nebraskans initiative has the potential to affect employers significantly. With fundraising support and growing public interest, the initiative could change the landscape of paid leave in the state. You should stay informed about the progress of the initiative and be prepared to adapt your policies accordingly if it becomes law in Nebraska.

Bonnie M. Boryca is an attorney with Erickson | Sederstrom, P.C., in Omaha, Nebraska. She can be reached at boryca@eslaw.com or 402-397-2200. This article is republished from the Upper Midwest Employment Law Letter, a monthly publication focusing on Iowa, Minnesota, Nebraska, North Dakota, and South Dakota.