3011.1 - Nebraska Family Military Leave Act (NFMLA)

The ESU shall provide leave to its employees in accordance with the Nebraska Family Military Leave Act (NFMLA). The terms used herein shall have the meaning ascribed to them under the NFMLA. Employees may also qualify for leave under the Family and Medical Leave Act (FMLA), which is detailed in the ESU’s FMLA policy. If an employee qualifies for leave under both the FMLA and NFMLA, any leave taken by the employee will count concurrently toward the leave limits of both.

Qualifying for Leave
1. Qualified Employees - To be eligible for unpaid leave under the NFMLA, an employee must:
  1. Have been working for the ESU for at least 12 months prior to the request; and
  2. Have worked a minimum of 1,250 hours during the 12-month period immediately preceding the commencement of the leave.
2. Qualified Circumstances for Requesting Leave - The ESU will grant a qualified employee up to a total of 30 days of unpaid leave if:
  1. The employee is 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 the President of the United States and;
  2. The leave is scheduled to be taken during the time federal or state deployment orders are in effect.
3. Qualifying Notice and Certification - Employees seeking to use the NFMLA will be required to provide:
  1. A consultation with the ESU to schedule leave so as not to unduly disrupt the operations of the school.
  2. Certification from the proper military authority to verify the employee’s eligibility for the family military leave requested.
  3. 14-day advance notice of the intended date upon which the leave will begin, if leave will consist of five or more work days.
  4. As much advance notice as possible of the intended date upon which the leave will commence, if leave will consist of less than five work days
Relationship with ESU During Leave
1. Leave to Be Unpaid - All leave provided to employees under the provisions of the NFMLA and this policy shall be unpaid leave.
2. Benefits
  1. Taking leave under the NFMLA shall not result in the loss of any employee benefit accrued before the date on which the leave commenced.
  2. Any employee who takes leave under the NFMLA will be permitted to continue their benefits at their own expense.
  3. Payment for benefits must be made to the ESU in advance of the date on which they are due. For example, if health insurance premiums are paid to the carrier by the ESU on the 1st of the month, the employee taking leave under the NFMLA must provide the full cost of the premium to the ESU prior to that date. Failure to provide the full costs for all benefits the employee wishes to continue in advance of their due date may result in cancellation of benefits as permitted by law.
Return from Leave
1. Restoration to Position
  1. Any employee who exercises the right to leave under the NFMLA shall be restored by the ESU to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment.
  2. This section does not apply if the ESU proves that the employee was not restored because of conditions unrelated to the employee's exercise of rights under the NFMLA.
2. Failure to Return
  1. If an employee fails to return after the period of leave to which the employee is entitled has expired, and no additional qualifications for leave exist, the employee will be subject to the ESU’s policies governing unexcused absences up to and including termination of employment.

Adopted on: August 11, 2008
Revised on: Sept. 10, 2018
Reviewed on: May 9, 2011
Reviewed on: Oct. 11, 2021

3011.1: Nebraska Family Military Leave Act