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Military Duty Leave for Employees in Nebraska

Filed under Office & HR.

Nebraska employers must provide employees with leave for military duty in accordance with these state rules.

In Nebraska, employees who are members of the National Guard or United States Armed Forces Reserves are entitled to a leave of absence.

If the governor calls the National Guard or Reserves to active duty because of a state of emergency, an additional leave of absence will be granted until the employee is released from active service. Compensation during active duty for a state emergency is limited to the portion of the employee's salary lost while in active service.

Prohibited Discrimination

Nebraska has adopted the state law provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA) that prohibit discrimination against persons who serve in the uniformed services. Employers are prohibited from discharging an employee because of the employee's membership in the Nebraska National Guard or for fulfillment of military duty in active state or federal duty. An employee may not be discharged without just cause for one year after reinstatement.

Family Military Leave

To qualify for family military leave, employees must be employed by the same employer for at least 12 months and for at least 1250 hours of service during the 12-month period immediately preceding the leave request. The employee must be the spouse or parent of a person called to military service lasting 179 days or longer with the state or United States pursuant to orders of the Governor or of the President of the United States.

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