Proposed scaling-back of sick leave requirement draws opposition

By Fred Knapp , Senior Reporter/Producer Nebraska Public Media

20 de Marzo de 2025 a las 17:00 ·

Sen. Beau Ballard speaks in the Legislature Thursday (Photo by Fred Knapp, Nebraska Public Media News) — Sen. Beau Ballard speaks in the Legislature Thursday. (Photo by Fred Knapp, Nebraska Public Media News)

Listen To This Story

Nebraska voters approved a ballot measure in November requiring businesses to give employees paid sick leave. Thursday, an attempt to exclude some employees drew strong opposition in the Legislature.

By a nearly 3-1 margin, Nebraskans voted last November that employees should get paid sick leave. The initiative said workers in businesses with 20 or more employees could earn and use up to 56 hours a year; workers in smaller businesses could earn and use up to 40 hours.

On Thursday, the Legislature opened debate on LB415, whose sponsor, Sen. Beau Ballard, gave it a low-key introduction.

“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," he said. "I know there will be a lot of conversation around other language in the committee amendment. But I ask for your green vote on LB415."

The bill itself clarifies that hours earned in existing paid time off programs would count toward the requirement, and that it did not apply to independent contractors or owner-operators of businesses. But as Ballard anticipated, an amendment proposed by the Business and Labor Committee sparked controversy.

That amendment would exclude workers in businesses with 10 or fewer employees, workers younger than 16, and seasonal agricultural workers.

Sen. Terrell McKinney led off opposition to the proposal by trying to kill the entire bill. McKinney argued that everyone should be covered.

“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 said. "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."

Sen. John Fredrickson questioned the fairness of excluding certain workers from coverage.

“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?” he asked.

And Sen. Danielle Conrad criticized business groups that had not organized a campaign against the paid sick leave ballot initiative now trying to water it down in the Legislature.

“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," she said. "They didn't wage a campaign because they knew they couldn't win, and they waited it out until they could find enough senators who lack the discernment to have that battle in the public dialog, and to sneak into the Legislature and undermine the will of the voters. And it's wrong."

Sen. Tony Sorrentino supported excluding workers for companies with 10 or fewer employees from coverage. He compared the proposed amendment to the federal Family and Medical Leave Act, which applies only to companies that have at least 50 employees living within a 75-mile radius.

“Simply adding a limitation of, it would not apply to employers of 10 lives or less, is an extremely friendly amendment," he 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. There's no reason to burden 10 lives or less with this law."

As is often the case when opponents try to derail a proposal with a filibuster, the number of opponents who spoke far outnumbered supporters. But when time came to vote, senators voted 32-11 to keep the proposal alive.

The Nebraska Constitution requires that any proposal to change a measure approved by voters must be supported by two-thirds of the Legislature, or 33 senators. Whether or not supporters have the votes to do that will be seen as debate continues.

Also Thursday, the Government, Military and Veterans Affairs Committee voted 5-3 to advance a proposal banning transgender athletes from participating on school or collegiate sports teams not corresponding to their sex at birth. The proposal will now go the full Legislature for debate.

The amended proposal drops a requirement that opponents said could have required every student athlete to get a notarized certificate attesting to their sex from a doctor. Instead, it requires confirmation of the student’s sex on a document signed by or under the authority of a doctor.

Sen. Kathleen Kauth, chief sponsor of the bill, has said her intent is simply to add that requirement to the routine physicals that student-athletes currently undergo.

The Legislature is now adjourned for a four-day weekend, and is scheduled to resume work Tuesday.