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![]() ![]() When an employee’s earned vacation hours fall below that threshold, the employee’s ability to earn vacation pay is reinstated. where this policy is prohibited.Īn employer, on the other hand, can have a policy that limits (caps) an employee’s right to earn vacation time at a certain number of hours. Nebraska is one of the few states in the U.S. Roll OverĪ Use-It-or-Lose-It policy is prohibited by state law.Ī “use-it-or-lose-it” employee vacation policy requires an employee to lose any unused vacation time after a specific date, such as the end of the year. The most common pay period in Nebraska is monthly.Įmployers can establish guidelines that employees must meet before accruing vacation leave.Įmployers can also cap (limit) the amount of vacation time employees can accrue or receive. Payday is designated by the employer, in Nebraska. The accrual system is based on the pay period. PTO accrual system is not mandatory in Nebraska, but it is widely used by companies. So, if an employer chooses to offer vacation leave to their employees, paid or unpaid, it must comply with applicable state law, established policy, or an employment contract.įurthermore, an employer may choose to provide vacation benefits to some employees while not providing them to others as long as it is not based on age, race, or gender. However, employers often choose to provide vacation benefits as it is one of the most desired perks for employees. Since there is no federal or state law concerning this subject, employers in Nebraska aren’t required to provide paid or unpaid vacation leave to their employees. FAQ #100 confirms that a working parent may take FFCRA leave when his or her child attends a school that has not reopened to in-person instruction.Paid Time Off (PTO) in Nebraska Vacation Leave Quota However, FAQ #99 provides that when a school provides a choice between in-school instruction and remote learning, and the employee chooses remote learning for his or her child, the school is not deemed closed. The DOL added FAQ #98 to clarify that when a school is on a hybrid scheduled, with certain days for in-school attendance and certain days for remote learning, the school is “closed” on the days that the child is not permitted to attend the school in-person. The FFCRA does not apply to all employers, only certain public employers and private employers with fewer than 500 employees.įFCRA-eligible employees may qualify for paid sick leave if the employee is unable to work or telework if the employee is caring for a child whose school is closed for reasons related to COVID-19. Second, the DOL added three Frequently Asked Questions (“FAQ”) to its FAQs page providing clarity regarding whether a working parent is entitled to paid leave on a child’s remote learning days under the Families First Coronavirus Response Act (FFCRA). Thus, the failure to compensate the employee for unreported work hours does not violate the FLSA. If an employee fails to follow reasonable time reporting procedures, he or she is deemed to have prevented the employer from knowing its obligation to compensate the employee. The DOL stated that it was sufficient for employers to establish a reasonable process for employees to report unscheduled work time. In the new guidance, the DOL explained that “reasonable diligence” does not require the employer to scour the employee’s phone records or electronic records to uncover unreported work hours. In the context of remote work, what is considered reasonable diligence? With employees working at home, an employer cannot monitor the coming and going of their employees to detect work performed in excess of their employees’ scheduled hours. According to the DOL, employers are obligated to pay for unscheduled work hours that they should have known about through reasonable diligence. The Fair Labor Standards Act (“FLSA”) requires employers to pay their employees for all hours worked, including work not requested but suffered or permitted, including work performed at home. Last week, the Department of Labor (“DOL”) provided clarity regarding issues of remote work and remote learning.įirst, the DOL issued guidance regarding employers’ obligation to track the work hours of employees who are working remotely due to COVID-19 or due to an already existing telework or remote work arrangement. ![]()
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