Nebraska Legislature Debates Amendments to Paid Sick Leave Measure

Nebraska’s recent move to require paid sick leave for employees has sparked a significant debate. Last November, voters decisively backed a measure entitling workers in companies with 20 or more employees to accrue up to 56 hours of paid sick leave annually, while those in smaller businesses could earn up to 40 hours. However, a new legislative proposal seeks to amend these provisions, leading to a heated discussion in the state’s Legislature.

The legislative session opened with Sen. Beau Ballard introducing LB415, a bill intended to clarify aspects of the sick leave initiative. Ballard stated, “LB415 is a cleanup bill meant to clarify some of the concerns of members in the business community, and it was not opposed by any of the sponsors of the initiative.” The bill aims to ensure that hours earned under existing paid time off policies meet the new requirements and clarifies that independent contractors and business owner-operators are exempt.

Tension arose over an amendment from the Business and Labor Committee. This amendment proposes to exclude workers under 16, seasonal agricultural workers, and those in businesses with 10 or fewer employees from these benefits. This sparked opposition from several senators.

Sen. Terrell McKinney argued for comprehensive coverage, emphasizing the predicaments parents face without paid sick leave. “Hard-working Nebraskan parents without paid sick days often face impossible choices: Either send their sick child to school or daycare, or lose a day’s pay,” he stated. “Skipping work can mean missing out on a paycheck needed for prescriptions or to put food on the table. No Nebraskan should have to choose between their paycheck and their health or their health for their families.”

Echoing this sentiment, Sen. John Fredrickson questioned why certain employees should be excluded from a policy approved by voters, asking, “Should the type of employee you are, whether that be seasonal or part-time, or the type of business you work for — so if you happen to work for a small business — should that prohibit you from participating in something that Nebraskans voted for?”

Sen. Danielle Conrad criticized business groups for not campaigning against the initial ballot initiative but now attempting to dilute it through legislative channels. She commented, “They are deep-pocketed with plenty of money to fight, and they chose not to because they knew that they had leverage here, where senators would do their bidding.”

Conversely, Sen. Tony Sorrentino advocated for the amendment, likening it to the federal Family and Medical Leave Act, which exempts small businesses. “Simply adding a limitation of, it would not apply to employers of 10 lives or less, is an extremely friendly amendment,” Sorrentino said. “We’re only going to exempt those with 10 employees or less… Why did the federal government exempt small employers? Very easy. It was administratively and financially a huge burden on them.”

Despite strong opposition, the proposal survived an attempt to stall it with a filibuster, passing with a 32-11 vote. The Nebraska Constitution stipulates that changes to voter-approved measures require a two-thirds majority, or 33 votes, leaving the outcome uncertain as debates proceed.

In another legislative development, the Government, Military and Veterans Affairs Committee advanced a proposal restricting transgender athletes from joining sports teams that don’t align with their birth-assigned sex. The amended proposal eliminates the need for a notarized sex certificate, instead requiring a signed document from or authorized by a doctor.

The Legislature is now on a brief recess, set to reconvene on Tuesday.