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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 878
FINAL READING
Introduced by Guereca, 7; Conrad, 46; Spivey, 13; Cavanaugh, J., 9.
Read first time January 08, 2026
Committee: Government, Military and Veterans Affairs
A BILL FOR AN ACT relating to state employees; to define terms; to1
provide for paid parental leave as prescribed; to provide an2
operative date; and to declare an emergency. 3
Be it enacted by the people of the State of Nebraska,4
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Section 1. (1) For purposes of this section: 1
(a) Agency head means the administrative head of a state agency,2
such as an agency director, executive director, commissioner, or3
executive secretary, who reports directly to the Governor, a commission,4
or a board; 5
(b) Parental leave means leave hours that the state provides to a6
parental leave eligible employee to bond with a child;7
(c) Parental leave eligible employee means an individual who:8
(i) Is a permanent state employee; 9
(ii) Has been employed by the State of Nebraska for at least twelve10
months and has worked for the State of Nebraska for at least one thousand11
two hundred fifty hours in the last twelve months or has had such12
requirements waived by the agency head; 13
(iii) Gives birth to a child or adopts a child who is twelve months14
of age or younger; and 15
(iv) Is assuming a parental role with respect to the child;16
(d) Permanent state employee means any state employee in a position17
worked on an ongoing and continuous basis; 18
(e) Retaliatory action means to do any of the following to an19
employee: 20
(i) Dismiss the employee; 21
(ii) Reduce the employee's compensation; 22
(iii) Fail to increase the employee's compensation by an amount that23
the employee is otherwise entitled to or was promised;24
(iv) Fail to promote the employee if the employee would have25
otherwise been promoted; or 26
(v) Threaten to take any of the actions described in subdivisions27
(1)(e)(i) through (iv) of this section; and 28
(f) State employee means any individual who is a full-time employee29
or a part-time employee of the State of Nebraska. 30
(2) A parental leave eligible employee who is a full-time employee31
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shall be entitled to two hundred forty hours of paid parental leave for1
the birth or adoption of such employee's child. A parental leave eligible2
employee who is a part-time employee shall be entitled to paid parental3
leave proportionate to the employee's regular workweek.4
(3) Parental leave: 5
(a) Shall not be used before the day on which the parental leave6
eligible employee's child is born or adopted; 7
(b) Shall not be used more than six months after the day on which8
the parental leave eligible employee's child is born or adopted;9
(c) Shall not be used intermittently, unless:10
(i) By mutual written agreement between the state and the parental11
leave eligible employee; or 12
(ii) A health care provider certifies that intermittent leave is13
medically necessary due to a serious health condition of the child; and14
(d) Runs concurrently with any leave authorized under the Family and15
Medical Leave Act of 1993, 29 U.S.C. 2601 et seq. 16
(4) A parental leave eligible employee shall not use more than two17
hundred forty hours of paid parental leave within a single twelve-month18
period. 19
(5)(a) Except as provided in subdivision (5)(b) of this section, a20
parental leave eligible employee shall give the state notice at least21
thirty days before the day on which the employee plans to begin using22
parental leave under this section. 23
(b) If circumstances beyond the parental leave eligible employee's24
control prevent the employee from giving notice in accordance with25
subdivision (5)(a) of this section, the employee shall give such notice26
as soon as reasonably practicable. 27
(6) Except as provided in subdivision (3)(d) of this section, the28
state shall not charge parental leave under this section against sick,29
vacation, compensatory, or other leave a parental leave eligible employee30
is entitled to. 31
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(7) The state shall not compensate a parental leave eligible1
employee for any unused parental leave upon termination of employment.2
(8) Following the expiration of parental leave under this section,3
the state shall ensure that the parental leave eligible employee may4
return to: 5
(a) The position that the employee held before using parental leave;6
or 7
(b) A position with the state that is equivalent in seniority,8
status, benefits, and pay to the position that the employee held before9
using parental leave. 10
(9) During the time a parental leave eligible employee uses parental11
leave under this section, the employee shall continue to receive all12
employment related benefits and payments at the same level that the13
employee received immediately before beginning the parental leave,14
provided that the employee pays any required employee contributions.15
(10) The state shall not: 16
(a) Interfere with or otherwise restrain a parental leave eligible17
employee from using parental leave in accordance with this section; or18
(b) Take retaliatory action against a parental leave eligible19
employee for using parental leave in accordance with this section.20
(11) The Department of Administrative Services shall administer this21
section. 22
Sec. 2. This act becomes operative on July 1, 2026.23
Sec. 3. Since an emergency exists, this act takes effect when24
passed and approved according to law. 25
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