I. INTRODUCTION
The Family Military Leave Act, (Neb.Rev.Stat. § 55-501 et.seq.) became effective on April 4, 2007, and as a result, “covered employers” in Nebraska are required to provide certain “military leave” benefits to “eligible” employees.
II. UNPAID MILITARY LEAVE
A. Covered Employers
The Nebraska Family Military Leave Act requires all private and public employers with fifteen (15) or more employees to provide unpaid leave for “eligible employees.”
B. Eligible Employees
Under the new law, “eligible employees” are designated as either the spouse or parent of a person called to military service lasting 179 days or longer with the State or the United States pursuant to the orders of the Governor or the President of the United States.
To be eligible for unpaid family leave benefits, an employee must have been employed by the same “covered employer” for at least twelve (12) months. (The Act does not appear to require twelve (12) continuous months of employment) and have been employed for at least one thousand two hundred fifty (1,250) hours of service during the twelve (12) month period immediately preceding commencement of the leave.
NOTE: Benefits under the Nebraska Family Military Leave Act are available to independent contractors who satisfy the criteria described immediately above.
C. Military Leave Benefits
Employers that employ between fifteen (15) and fifty (50) employees must provide up to fifteen (15) days of unpaid family military leave. Employers with more than fifty (50) employees must provide up to thirty (30) days of unpaid family military leave. The unpaid family military leave must be provided to the employee during the time federal or state deployment orders are in effect.
An employee’s eligibility for unpaid family military leave is subject to the following conditions:
1. The employee must give at least fourteen (14) days’ notice of the intended date upon which the family military leave will commence, if the leave will consist of five (5) or more consecutive work days. Employees taking leave for less than five (5) consecutive work days are only required to give the employer “advanced notice as is practicable.”
2. Where able, the employee must consult with the employer to schedule the family military leave so as to not unduly disrupt the operations of the employer.
3. The employer may require certification from the proper military authority to verify the employee’s eligibility for the family military leave requested.
D. Employee Rights
Any employee exercising the right to family military leave is, upon expiration of the leave, entitled to be restored to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. These rights are not applicable if the employer proves that the employee was not restored because of conditions unrelated to the employee’s exercise of rights under the Nebraska Family Military Leave Act.
An employee is also entitled during the term of family military leave to continue their employee benefits at the employee’s expense. In addition, the taking of family military leave may not result in the loss of any employee benefit accrued prior to the date on which the leave commenced.
Finally, employers are prohibited from interfering with, restraining or denying the exercise or attempted exercise of any rights under the Nebraska Family Military Leave Act and may not discriminate against any employee for exercising their rights under the Act.
E. Enforcement
The Nebraska Family Military Leave Act allows an employee to bring a civil action in the District Court having jurisdiction to enforce his or her rights under the Act, with the District Court granted authority to enjoin any act or practice that violates or may violate the Act and to order any other equitable relief that is necessary and appropriate to redress the violation or to enforce the Act.