Job postings, at a minimum, must be filed with the State Department of Personnel Jobs Website. Hiring Personnel may also post job openings in other local publications. Notices placed in newspapers or publications that involve costs to the Supreme Court require prior approval from the AOCP. Positions shall be advertised for a minimum of 6 workdays.

  With prior approval from the AOCP, the Nebraska Judicial Branch may reimburse up to three applicants per position/vacancy for travel, meals, and lodging expenses incurred in traveling to and from the prospective job site/interview site. The same policies as established for employee travel shall apply when determining the amounts to be reimbursed, and requests for reimbursement shall require the same documentation.

Amended September 27, 2005; amended July 9, 2015; amended October 23, 2024, effective January 1, 2025.

   Veterans and spouses of veterans determined eligible in accordance with Sec. 48-227(4) of the Nebraska Revised Statutes shall be given preference in hiring (Veteran's Preference).

   Veterans who obtain passing scores on all parts or phases of a hiring examination or numerical scoring tool shall have five percent added to their passing score if a claim for such preference is made on the application. An additional five percent shall be added to the passing score or numerical scoring of any disabled veteran. When no examination or numerical scoring is used, the preference shall be given to the qualifying veteran if two or more equally qualified candidates are being considered for the position. A veteran desiring to use a veterans preference shall provide the hiring authority with a copy of the veteran's Department of Defense Form 214, also known as the DD Form 214. A spouse of a veteran desiring to use a veterans preference shall provide the hiring authority with a copy of the veteran's Department of Defense Form 214, a copy of the veteran's disability verification from the United States Department of Veterans Affairs demonstrating a one hundred percent permanent disability rating, and proof of marriage to the veteran. Any marriage claimed for a veterans preference must be valid under Nebraska law. Within thirty days after filling a position, veterans who have applied and are not hired shall be notified that they have not been hired. Such notice also shall advise the veteran of any administrative appeal available.

Approved July 16, 2003; amended July 9, 2015.

  In accordance with procedures approved by the Nebraska Judicial Branch, a criminal background check will be conducted. This can be done before or after a conditional offer of employment is extended, with employment contingent upon a satisfactory result of the background check.

Adopted July 16, 2003; amended July 9, 2015; amended October 23, 2024, effective January 1, 2025.

   Full-time employees shall work, at a minimum, 40 hours per week on an ongoing, continuous basis. Employees who do not log 40 hours each week, either in time-worked or authorized leave, are not full-time employees. Full-time employees earn all benefits.

Amended July 9, 2015.

   Part-time employees work fewer hours than full-time employees on an ongoing, continuous basis. Work schedules may fluctuate by week, month, or season. FTE status will be computed based on average hours-worked over a 6-month period. Only part-time employees working 50 percent or more of the FTE are eligible for insurance benefits. Permanent part-time employees who work more than 30 hours a week are considered full time for health insurance benefits. Permanent part-time employees who work less than 30 hours but at least 20 hours per week can utilize State benefits. For health insurance, for those employees working less than 30 hours per week, the Judicial Branch’s contribution to premiums is prorated.

Amended July 9, 2015; amended October 23, 2024, effective January 1, 2025.

   Temporary employment may be full-time or part-time. Temporary employees shall be hired for a period of time not to exceed 1 year.

   Temporary employment shall not count toward service date or original provisional period.

   Temporary employees may be separated at any time without 2 weeks' notice. The notice of separation must be in writing and shall specify the date of separation.

   Temporary employees shall not receive benefits except the following types of paid leave: civil leave and military training or emergency duty leave.

   Temporary employees have no grievance rights. 

   Employment of persons on a temporary basis can be undertaken upon the recommendation of the appropriate supervisor and the approval of the Administrative Office. The recommendation shall contain the reasons for employment and the expected duration of employment. If offices have temporary help who are paid on an hourly basis, time cards shall be submitted in compliance with the schedule that has been set by the Administrative Office.

Amended July 9, 2015.

   For the purpose of training, and with the approval of the Administrative Office, supervisors may hire a qualified applicant for a period not to exceed 30 calendar days to understudy an incumbent vacating a position. Service in a replacement status shall be included as a part of the original provisional period for the position occupied.

  When a position’s duties have significantly changed, the AOCP, an employee’s supervisor, or a manager who is higher in the reporting chain, may initiate a reclassification request to be submitted for administrative review. The employee’s supervisor, in consultation with the employee, shall complete a position description questionnaire (PDQ) to be reviewed and commented upon by local management, submitted to the AOCP Human Resources office for review and necessary investigation, and then to the State Court or Probation Administrator for approval. Reclassifications may not be requested more frequently than once a year. It is a supervisor’s responsibility to monitor changes in duties and/or responsibilities to maintain appropriate classification assignments.

  Any reclassification to a higher salary grade shall result in a salary increase to the minimum permanent rate of the new job classification or 5% above the employee’s current salary, whichever is greater. Any reclassification to a lower salary grade may result in a salary decrease of 5% for each salary grade, with no greater than a 20% decrease, unless the rate is more than the maximum rate of the new classification.

Amended July 16, 2003; amended July 9, 2015; amended October 12, 2016; amended May 10, 2017; amended October 23, 2024, effective January 1, 2025.

    When a proposed new position does not fit within existing job classifications, a supervisor may submit a request for a new job classification, accompanied by a Position Description Questionnaire (PDQ), to Personnel. New classifications will be created and submitted for review by the Court Administrator and Probation Administrator, followed by Supreme Court approval.

Amended July 9, 2015.

   New employees will usually begin at the Hiring Rate of the salary grade for their job classification. If the individual possesses outstanding qualifications in terms of education, related experience or bilingual skills, the hiring supervisor may request the individual be started at an increased hiring rate not to exceed the Mid-point of the salary range. If the starting salary is above the Hiring Rate, the employee will not be eligible for a provisional salary increase and shall be so informed in writing. Any starting salary other than the Hiring Rate of the applicable grade requires the approval of the State Court Administrator or State Probation Administrator based upon the written recommendation of the supervisor. Written recommendations for an increased hiring rate must include the reasons why the applicant should be paid more than the hiring rate.

Amended June 27, 2007; amended July 9, 2015.

   Upon completion of the original provisional period, unless notified of an extension or separation in writing, employees paid at the Hiring Rate of their salary grade must be given a salary increase to Minimum Permanent of that grade. Employees hired above the Hiring Rate but below the Minimum Permanent shall receive a 2.5% increase. Employees hired at a salary equal to or greater than Minimum Permanent of their salary grade will not receive a salary increase upon completion of the provisional period. Employees shall be informed of this information in writing when they are hired.

Amended June 27, 2007; amended July 9, 2015; amended October 23, 2024, effective January 1, 2025.     

  1. General alterations. The Supreme Court may authorize a general alteration in the salary schedules and/or an adjustment of all salaries of employees in good standing based upon appropriations made available. When such “across the board” adjustments are authorized, all approved employees shall receive an alteration in salary in the amount authorized without affecting their placement within the salary schedule. Adjustments made under this provision can take an employee’s salary, and apply to employees, above the maximum rate for their job classification.

  2. Specific alterations. The Supreme Court may authorize specific alterations of job classifications to reflect labor market conditions, based upon salary survey information. When any such alteration is authorized, all employees subject to that job classification shall receive an alteration in salary of the amount authorized on the effective date of the alteration without affecting their placement within the salary schedule. Adjustments made under this provision will not apply to employees above the maximum rate for their job classification.

Amended July 9, 2015; amended October 23, 2024, effective January 1, 2025.

   A supervisor may request an in-grade salary adjustment for an employee in exceptional circumstances. Requests shall be reviewed by Human Resources before being submitted for approval by the State Court Administrator or Probation Administrator.

   In-grade adjustments shall not be treated like merit increases. Reasons for such requests may include the following:

   1. Internal pay equity within the Judicial Branch for similar jobs with disparity in pay.

   2. If hiring above minimum permanent due to superior qualifications causes inequity for current, equally qualified staff.

   3. If a single position within a class has unique responsibilities/skill requirements which significantly distinguish it from others in the class but are not sufficient to warrant reclassification.

   The reasons for and anticipated consequences of such requests shall be explained in detail and documented. The decision of the Court Administrator and Probation Administrator is final and is not appealable by the supervisor or the employee.

Amended July 9, 2015; amended October 23, 2024, effective January 1, 2025.

(1) Promotions

   Employees who are promoted to a higher salary grade shall be placed at the minimum permanent salary rate of the new job classification or shall receive a 5% increase, whichever is greater. If the employee being promoted possesses outstanding qualifications in terms of education or related experience, the hiring authority may request additional compensation, not to exceed 20% total, to be approved by the Court Administrator or Probation Administrator. Employees who are promoted shall not be paid above the maximum rate of the new salary grade.

(2) Demotions

   Employees requesting voluntary transfers downward shall have their salaries reduced by 5% per salary grade demoted, not to exceed 20% unless the salary is more than the maximum rate of the new salary grade.

   Disciplinary demotions require at least a 5 percent reduction per salary grade or the employee's salary may be reduced to the minimum permanent rate at the supervisor's recommendation, with approval by the Court or Probation Administrator. (See Forms of Discipline.)

Amended June 27, 2007; amended July 9, 2015; amended February 4, 2016; amended May 10, 2017.

  All provisions contained within the salary guidelines, except where otherwise stated, shall apply to part-time employees (working under 40 hours weekly). Rates of pay for part-time employees, excluding exempt employees, and temporary employees shall be calculated on an hourly rate of the applicable salary grade monthly rate.

  Part-time exempt employees shall be paid a monthly salary proportionate to that which would be paid under full-time employment. Temporary employees shall be paid at the hiring rate of the applicable salary grade.

Amended July 9, 2015; amended October 23, 2024, effective January 1, 2025.

   The Administrative Office shall determine, in compliance with Fair Labor Standards Act (FLSA) requirements, the exempt or nonexempt status of all employees for overtime purposes. The status will be indicated on each job classification description.

   (1) Exempt--Employees exempt from overtime include those who meet the FLSA definitions of professional, administrative, computer professional, supervisory, or executive.

   (2) Nonexempt--All nonexempt employees must be compensated with compensatory time equal to one and one-half times the hours worked above 40 in a workweek, unless approved for overtime pay by the Administrative Office.

Amended July 9, 2015.

   Overtime is considered time in excess of the 40-hour workweek. Leave time (vacation, sick, etc.) shall not be considered as hours worked. Holidays shall be considered as hours worked. Overtime in the Nebraska Judicial Branch shall be held to a minimum, to the extent practicable. A nonexempt employee's schedule should be flexed within the Friday to Friday workweek in order to avoid working over 40 hours. For example, an employee working 2 extra hours on Wednesday may be directed to take 2 hours off on Thursday.

   Requests for overtime must have approval from the supervisor prior to the work, unless it is not possible or practical to obtain prior approval, in which case the local manager or his/her designee may approve the overtime in writing as soon as possible subsequent to the time the work was performed.

   Nonexempt employees (including part-time employees) working more than 40 hours in one workweek shall receive overtime compensation in the form of compensatory time, granted at one and one-half hours for time worked above 40 hours. Accumulated compensatory time shall be used within 6 months.

   In certain situations, Judicial Branch employees may be required to serve on-call after normal business hours off-premise. This is not considered work time if the employee is not engaged in work. Work required to be performed (answering a phone call, responding to an email, reporting to a work site, etc.) during on-call time is considered hours worked and eligible for overtime. For Judicial Branch employees required to be on-call with a workload that prevents flexing of one's schedule (juvenile probation intake or public guardian/conservator statutory responsibilities), overtime compensation may be in the form of overtime pay or compensatory time. The employee must indicate his/her choice of overtime compensation on the timesheet or on a required overtime approval form for the pay period during which the overtime was worked; the first overtime designation made during a pay period applies to the entire pay period. During times of budgetary constraint, overtime pay may be suspended and revert to compensatory time. If this occurs, employees shall be provided a 2-week notice, at a minimum.

   It is the responsibility of the supervisor to monitor overtime for an employee. A record of all overtime shall be included on time sheets required by the Administrative Office. Overtime shall be counted in 15-minute increments, with a 7-minute rule applied to rounding. The cutoff point for rounding down is 7 full minutes. If the employee works for 7 full minutes, but less than 8 minutes, time is rounded down. If the employee works at least 8 full minutes, time is rounded up.

   Upon proper authorization, an employee may accumulate up to 240 hours of compensatory time, although Judicial Branch management shall require employees to utilize compensatory time well before reaching this threshold, as directed by either the Court Administrator or the Probation Administrator. Compensatory time earned above 240 hours shall be paid.

   Payment for accrued compensatory time upon termination of employment or upon the direction of the Administrative Office shall be calculated at the average regular rate of pay for the final 3 years of employment, or the final regular rate received by the employee, whichever is greater.

   Any exception to this policy requires a written request from the supervisor to either the Court Administrator or the Probation Administrator.

Amended July 16, 2003; amended July 9, 2015; amended June 20, 2018.

   Travel time of non-exempt employees required to attend a meeting, conference, seminar, training course, etc., is considered compensable time. A non-exempt employee traveling for one day (not overnight) shall be paid for all travel time.  This travel time is counted when computing hours worked for overtime purposes. 

Adopted July 16, 2003; amended July 9, 2015.

   Telecommuting is a mechanism for facilitating the fulfillment of Judicial Branch organizational goals. Telecommuting allows an employee to work from his or her residence or other approved location outside of the employee’s regular Judicial Branch office. Telecommuting shall not be used solely as an accommodation for the employee, or a substitute for using official leave.

   Telecommuting may be permitted under the following circumstances: (1) occasional/situational circumstances at the discretion of the supervisor with guidance from the Administrative Office of the Courts and Probation; (2) emergency situations where there is a national, state, or locally declared state of emergency or dangerous weather conditions exist prompting an office closure; (3) on a regularly scheduled basis with guidance and approval from the Administrative Office of the Courts and Probation.

   For regularly scheduled telecommuting, or an emergency situation that is expected to last for more than 1 week, the supervisor and the employee shall submit a request to telecommute to the Administrative Office of the Courts and Probation for approval and execute a telecommuting or emergency telecommuting agreement. All telecommuting requests and agreements submitted must be prepared and approved by local management, in collaboration with the employee and with final approval by the Administrative Office of the Courts and Probation.

   Telecommuting is not a right for any employee, is not available to all employees or positions, may be time-limited, is reviewed at least annually, and may be withdrawn at any time by the supervisor and/or the Administrative Office of the Courts and Probation. Failure to follow the telecommuting agreement may be grounds for discipline and/or revocation of the agreement. Decisions withdrawing telecommuting agreements or denying requests to telecommute are nongrievable.

Approved June 24, 2020.

   Judicial Branch holidays will generally follow dates as stated in Neb. Rev. Stat. § 25-2221:

       •    New Year's Day (January 1)

       •    Martin Luther King, Jr. Day (Third Monday in January)

       •    President's Day (Third Monday in February)

       •    Arbor Day (Last Friday in April)

       •    Memorial Day (Last Monday in May)

       •    Juneteenth National Independence Day (June 19)

       •    Independence Day (July 4)

       •    Labor Day (First Monday in September)

       •    Indigenous Peoples' Day and Columbus Day (Second Monday in October)

       •    Veterans Day (November 11)

       •    Thanksgiving Day (Fourth Thursday in November)

       •    Day After Thanksgiving (Friday following Thanksgiving)

       •    Christmas Day (December 25)

   If such holiday falls on a Sunday, the following Monday shall be a holiday. If such holiday falls on a Saturday, the preceding Friday shall be a holiday. Other holidays declared by law or proclamation of the Governor are considered court holidays.

   Many courthouses will be closed on occasional local holidays as well as court holidays. When the courthouse is closed for local holidays, the court and probation office must remain open and adequately staffed for emergency services and to meet filing deadlines.

   Permanent part-time employees shall be eligible for paid holidays on a pro rata basis, if the holiday falls on a day the employee would normally have been scheduled to work, and the pay the employee receives shall be for the number of hours the employee would have been scheduled to work. Full-time employees shall receive 8 hours of holiday leave for each authorized holiday.

   Temporary employees, whether full time or part time, shall not be eligible for paid holidays, and, if required to work on a holiday, shall be paid for the time worked at their normal rate of pay.

   If a holiday occurs while an employee is on workers' compensation or other disability compensation, no credit for the holiday shall be allowed.

   In order to receive pay for an observed holiday, an employee must be in a paid status on the workday immediately preceding and immediately following the holiday.

   If an employee combines vacation leave with an observed holiday, no deduction from the vacation leave shall be made for that holiday. Likewise, if a holiday falls within a period of an approved sick leave, no deduction shall be made from the employee's accumulated sick leave.

Amended May 23, 2007; amended July 9, 2015; amended February 4, 2016; amended October 23, 2024, effective January 1, 2025.

   Full-time employees shall earn vacation leave with pay at the following rates:

   Permanent part-time employees shall be entitled to vacation leave proportionate to that which would be granted under full-time employment. Temporary employees shall not be eligible for vacation time.

   The amount of leave earned by each employee is based on the employee's years of continuous employment. For example, during the ninth year of continuous employment, vacation leave is earned at the rate of 1.5 days per month and an employee is eligible to use the earned vacation time in addition to any accumulated time based on the previous year's service. Vacation leave is earned during each pay period and credited to the employee at the end of that pay period. For example, leave earned in October is available to use on the first of November.

   Leave that is used is deducted from the employee's accumulated leave one pay period after it is used. It is the responsibility of each employee to monitor the amount of vacation leave available for use. If an employee takes vacation leave before it is earned it will result in the reduction of the employee's wages and possible disciplinary action. Vacation leave must be applied for in advance by the employee and may be used only when approved by the supervisor. However, prior approval is not required when the employee is required to use vacation leave as sick leave or chooses to use vacation leave instead of going on unpaid family/medical leave. Supervisors can only approve vacation leave after it has been earned, unless advanced with the approval of the State Court Administrator or State Probation Administrator, up to a maximum of 40 hours. Vacation leave shall be designated so as not to interfere with the efficient operation of the Nebraska Court System. Vacation leave need not be taken all at one time during the year. All employees must be given the opportunity to take their vacation leave before it expires.

   An employee who has terminated employment with the state for any reason other than disciplinary or retirement and who returns to state employment with the Nebraska Court System within 5 years from the date of termination shall have service for vacation leave entitlement computed by combining prior continuous service with current continuous service, disregarding the period of absence.  An employee who transfers to the Nebraska Court System from another state agency will continue to earn vacation leave at the same rate as the employee did with the former agency. No more than 40 hours of accumulated vacation leave may be transferred to the Nebraska Court System with approval from the administrative office. The employee must arrange payment for accumulated vacation leave above 40 hours with the former agency.

 Each employee, upon retirement, dismissal, or voluntary separation from Nebraska Court System employment, shall be paid for unused accumulated vacation leave. Upon the death of the employee, the employee's beneficiary shall be paid for all unused accumulated vacation leave. 

   Vacation leave shall not be earned during a leave of absence or while the employee is removed from the payroll for any reason.

   Each employee's vacation leave account shall be balanced as of the closing date of the last pay period of each calendar year. Vacation leave in excess of 35 days shall be forfeited.  In special and meritorious cases, when it would cause hardship for any employee to take earned vacation leave before December 31, excess carryover leave may be approved by the Administrative Office. In these cases, the hours carried over shall be used within the next 6 months. In no case shall carryover vacation continue from year to year.

   Some employees of the offices of the Supreme Court (staff of the Clerk and Library who were hired before 1980), some probation employees (who either joined the Nebraska Court System in July 1985 or July 1986), and some county court employees (who joined the Nebraska Court System in July of 1985 as a result of legislation merging the municipal and county courts) shall continue on the same leave schedules they were on prior to their becoming employees of the Nebraska Court System.

Amended July 9, 2015.

   Full-time employees earn sick leave at the following rates: 

   Permanent part-time employees shall earn sick leave in an amount proportionate to that which would have been earned under full-time employment. Temporary employees shall not be eligible for sick leave.

   Sick leave is defined to mean a period during which the employee is unable to perform his or her duties because of sickness, disability, or injury not arising from the course of employment; or for medical, psychological, surgical, dental, or optical examination or treatment; or when, by reason of the employee's exposure to a contagious disease, the employee's presence would jeopardize the health of others.

   Sick leave for immediate family is defined to mean a period during which the employee's presence is required to provide medically-related care for a member of the employee's immediate family because of sickness, disability, or injury; or for medical, psychological, surgical, dental, or optical examination or treatment. The immediate family shall be considered as spouse, children, and parents. At the State Court Administrator or State Probation Administrator's discretion, the definition of immediate family may be broadened to include other individuals with a like relationship to the employee as that of an immediate family member. Employees must use vacation time for care of family members when their presence is helpful, but not essential, if approved by the supervisor.

   The amount of leave earned by each employee is based on the employee’s years of continuous employment. For example, during the ninth year of continuous employment, sick leave is earned at the rate of 1.67 days per month and an employee is eligible to use the earned sick leave in addition to any accumulated time based on the previous year’s service. Sick leave is earned during each pay period and credited to the employee at the end of that pay period. For example, leave earned in October is available to use on the first of November.

   Leave that is used is deducted from the employee’s accumulated leave one pay period after it is used. For example, any leave used in November will be recorded as leave used on the December 31 paycheck information. It is the responsibility of each employee to monitor the amount of sick leave available for use. Sick leave shall not be used as vacation leave. Sick leave cannot be taken in advance, unless approved by the State Court Administrator or State Probation Administrator, up to a maximum of 40 hours.

   Sick leave shall be requested in advance from the supervisor whenever possible, i.e., dental appointment or physical examination, etc.  In case of sickness, injury, emergencies, or any other absence not approved in advance, the employee shall advise his or her supervisor of the circumstances as soon as possible. If the sickness, injury, or emergency qualifies as family/medical leave the employee should submit a family/medical leave form to Personnel.

   Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery there from are, for all job-related purposes, temporary disabilities and will be treated as such under the rules and regulations for sick leave.

   Sick leave shall be taken on a working-hour basis. An employee may be required to submit substantiating evidence when the reason for the leave request was a medical or dental appointment or when the supervisor suspects sick leave abuse. Substantiating evidence may also be required by the supervisor if the sick leave absence exceeds 3 workdays but is less than 10 workdays and does not qualify for family/medical leave.

   Substantiating evidence shall be required by the supervisor if the sick leave absence is 10 workdays or longer and the employee is not on family/medical leave. Sick leave may be denied when the employee fails to substantiate the legitimate use of sick leave. When an employee is absent for 3 or more days or when a supervisor receives information that indicates the reason for the sick leave may qualify as family/medical leave, the employee shall be notified of their rights under 29 U.S.C. § 261, Family and Medical Leave Act, and given a family/medical leave form. If the employee qualifies for FMLA and the employee’s condition is a serious health condition as defined by 29 U.S.C. § 261(11), employees are required to complete a request and utilize leave options authorized under the Family and Medical Leave Act. (See additional information under Family/Medical Leave section.) 

   Before utilizing sick leave in conjunction with Injury Leave/Workers’ Compensation Payments, refer to “Use of Sick and/or Vacation Leave to Supplement Workers’ Compensation Payments” policy or a Human Resources professional in the AOCP.

   If an employee leaves the service of the Nebraska Court System in good standing and is reemployed within 1 year from the date of separation, sick leave earned during the previous period of continuous employment shall be reinstated to the employee’s credit.

   An employee who has terminated employment with the state for any reason other than disciplinary or retirement, and who returns to state employment with the Nebraska Court System within 5 years of termination, will have sick leave entitlement computed by combining prior continuous service with current continuous service, disregarding the period of absence. Sick leave is not affected by the transfer of an employee from one state agency to another.

   Upon retirement under the existing Nebraska State Employees Retirement System, or upon reaching the age of retirement and voluntarily resigning in good standing, an employee shall be paid one-fourth of unused, accumulated sick leave, with the rate of payment based upon the employee’s regular pay at the time of retirement. Upon the death of an employee, the employee’s beneficiaries shall be paid one-fourth of the accumulated unused sick leave with the rate of payment based upon the employee’s regular pay at the date of death.

   If an employee who retires and is paid sick leave from the Nebraska Judicial Branch or any other Nebraska State agency, and the employee subsequently returns to the Nebraska Judicial Branch for employment, the person shall be considered a new employee without any prior service when determining entitlement to and accumulation of sick leave.

   The payment of one-fourth of the accumulated sick leave to an employee is limited to a onetime payment, and no employee, by virtue of reentering state employment, shall become entitled to additional payments for unused sick leave.

   Employees may not be compensated for earned sick leave when they are separated from Nebraska Court System employment unless the separation is due to retirement or death.

   The sick leave account of each employee shall be balanced as of the closing date of the last pay period of each calendar year. Sick leave in excess of 1,440 hours will be forfeited.

Amended May 23, 2007; amended July 9, 2015; amended October 23, 2024, effective January 1, 2025.

   Up to 5 days of funeral leave may be granted for funerals in the immediate family. In extraordinary circumstances additional leave may be approved by the Probation or Court Administrator. For funerals of persons not in the immediate family, up to 1 day of funeral leave may be granted at the discretion of the supervisor. Immediate family, for purposes of this leave policy, shall mean wife, husband, children, parents, children-in-law, grandchildren, grandparents, brothers, sisters, or those bearing the same relationship to the spouse. Step-persons bearing these relationships are included. At the Court Administrator or Probation Administrator's discretion, the definition of immediate family may be expanded to include other individuals with a similar personal relationship to the employee as that of an immediate family member.

Amended July 9, 2015.

  All employees who are members of the Nebraska National Guard or any other reserve component and who participate for up to 15 workdays in drills, encampments, maneuvers, active duty, state active duty, or training, and other exercises prescribed by competent authority, will receive their full pay in addition to their military pay.

  Employees, other than temporary and intermittent, who leave a position to undergo military duty in the active service of the State of Nebraska are entitled to a leave of absence without loss of pay during the first 15 workdays of the leave of absence. This is not in addition to the 15 days mentioned in the paragraph above.

  The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. § 4301 et seq., establishes the cumulative length of time that an individual may be absent from work for military duty and retain reemployment rights to a 5-year limit. There are important exceptions to the 5-year limit, including initial enlistments lasting more than 5 years, periodic National Guard and Reserve training duty, and involuntary active duty extensions and recalls, especially during a time of national emergency. USERRA clearly establishes that reemployment protection does not depend on the timing, frequency, duration, or nature of an individual’s service as long as the basic eligibility criteria are met.

  Employees are entitled to reinstatement to their former positions with seniority, status, pay, and vacation as if they had not been absent, if application is made within 30 days after release from training or service.

Amended October 23, 2024, effective January 1, 2025.

   When an employee is called to serve as a juror or is appointed as a clerk or judge on an election or counting board, the employee is entitled to any fees received as a result of this service in addition to receiving paid civil leave. Employees will return to work when not actually serving as a juror on a daily basis.

   If any employee does not have sufficient time before or after regular duty hours to vote, up to 2 hours of civil leave may be granted.

   Time spent by employees appearing in court as a function of their job shall be considered as hours worked.  Any witness fees and reimbursements received as a result of those court appearances shall be returned to the State.

   Employees attending court as a plaintiff, defendant, or witness on non work-related matters may use vacation leave or earned compensatory time, or the Administrative Office may grant a leave of absence. Any witness fees paid to the employee for these court appearances shall be kept by the employee.

   Employees who provide proof of their disaster relief volunteer certification with the American Red Cross may, with appropriate supervisory authorization, be granted paid civil leave not to exceed 15 working days in each calendar year to participate in specialized disaster relief services in Nebraska for the American Red Cross, upon the request of the American Red Cross.

Amended July 16, 2003; amended July 9, 2015.

   The Family Military Leave Act was passed by the Nebraska Legislature and became effective on April 5, 2007. In accordance with the act, it shall be the policy of the Nebraska Supreme Court to allow an eligible employee who 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 the orders of the Governor or President of the United States, to take up to 30 days of unpaid leave.

   For purposes of the Family Military Leave Act, an eligible employee is an employee who has at least 12 months of service and has worked for at least 1,250 hours during the 12-month period immediately preceding the commencement of this leave. An eligible employee is the spouse or parent of a person called to military service lasting 179 calendar days or longer. An eligible employee may request up to 30 days of leave without pay. Employees may choose to use accrued vacation leave for some or all of this requested leave.

   The employee shall give at least 14 calendar days of notice of taking leave if the leave will consist of 5 or more consecutive workdays. Whenever possible, the employee shall consult with the supervisor to schedule the leave so as to not unduly disrupt the work operations. An employee taking less than 5 consecutive days shall give the supervisor notice as is practicable. The supervisor may require certification from the proper military authority to verify the employee's eligibility for the family military leave requested.

   When the leave ends, the employee must be restored to the position previously held or to a position with equivalent seniority status, benefits, pay, et cetera, except when the supervisor proves the employee is not restored due to reasons unrelated to taking leave.

   The employee may continue benefits, during leave, at the employee's expense. The employee's service date will be adjusted after 14 calendar days of unpaid leave.

   The act provides that the employee may negotiate with the employer for the employer to maintain benefits at the employer's expense during the leave period. Taking family military leave shall not result in the loss of benefits accrued before the leave started.

Approved November 15, 2007.

   In emergency situations resulting from public health, natural, technological, or manmade disasters and/or emergencies, when the federal or state government creates a form of temporary leave available to employees, the Supreme Court may approve such leave as authorized leave.

   Such temporary emergency leave shall be available only as long as the federal or state act provides, or as provided by the Supreme Court.

Approved April 8, 2020.

   All employees (including temporary) who are disabled as a result of a job-related injury or disease, which is deemed compensable by Worker's Compensation, may be granted injury leave not to exceed five of the employee's normal working days for any particular injury. Disabled shall mean unable to perform the tasks usually encountered in one's employment due either to any injury or disease or to treatments for any injury or disease. A working day is counted even if an employee is absent for any portion of his or her assigned shift. (For example, if an employee is injured at 3:00 p.m., and misses the final two hours of the work day, the absence will count as one day of the five possible days of injury leave.)

   Any job-related injury or disease shall be reported to the Administrative Office as soon as possible. The employee's supervisor is responsible to complete a First Report of Alleged Occupational Injury or Illness form. When this form is received from the supervisor, the Administrative Office shall have the responsibility of supplying all of the necessary information to the State of Nebraska Worker's Compensation Administrator. 

   No employee shall receive a salary (workers' compensation plus regular pay) in excess of his or her normal wage.

   Health insurance with the appropriate employer contribution will be paid during an absence under workers' compensation after all accrued leave and compensatory time has been depleted.

   If an employee requests or is placed on family/medical leave due to an injury or illness qualifying for workers' compensation, the Administrative Office will contact the State of Nebraska Workers' Compensation Administrator for coordination of workers' compensation and family/medical leave benefits.

Amended July 9, 2015.

   Employees being paid workers' compensation for job-related injuries or disease may use sick and/or vacation leave to supplement the payment up to, but not to exceed, their regular rate of pay.

   Employees on workers' compensation shall earn sick and vacation leave at the same rate being earned prior to the injury or disease except as provided in these rules. Example: An employee earning 8 hours of sick leave prior to injury shall earn 8 hours of sick leave subsequent to injury.

   Holidays occurring during this period will be paid at a rate proportionate to the amount of sick and/or vacation leave being used.

   After all sick and vacation leave has been exhausted, employees shall not be entitled to any leave or pay benefits except as authorized under workers' compensation, and shall be carried in a leave-without-pay status while on workers' compensation. This type of leave of absence may exceed 1 calendar year.  No service date adjustment is necessary for this unpaid leave.

   For a period of 1 year after the date of disability and upon termination of workers' compensation, and after the physician has released him/her to return to work, the employee shall be reinstated to his/her former classification with no salary reduction. If his/her former position is not available, the Administrative Office shall place the employee in a similar position and may reduce the employee's salary.

   After 1 year from date of disability, if the employee has not or is not able to return to work, the Nebraska Court System is relieved from any reemployment obligation and the employee may be terminated.

Amended July 16, 2003.

   A supervisor shall take appropriate disciplinary action if an employee commits one or more of the following:

  *1. Violation of, or failure to comply with, the State’s Constitution or statutes; an order of a court; codes of conduct; or published rules, regulations, policies, or procedures of the Nebraska Judicial Branch or the State of Nebraska.

  2. Failure or refusal to comply with a lawful order or to accept a reasonable or proper assignment from an authorized supervisor.

  3. Inefficiency, incompetence, or negligence in the performance of duties or failure to meet clearly established performance expectations.

  4. Unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or alcoholic beverages in the workplace or reporting for duty under the influence of alcohol and/or unlawful drugs.

  5. Negligent or improper use of public property, equipment, technology, or funds, or conversion of same to one’s own use. This includes transmitting threatening, obscene, or harassing material through the Nebraska Judicial Branch or the State’s communication systems.

  6. Use of undue influence to gain or attempt to gain promotion, leave, favorable assignment, or other individual benefit or advantage.

  7. Falsification, fraud, or omission of required information on the employment application/resume.

  8. Unauthorized, improper use, or abuse of any type of leave, meal, or rest periods.

  9. Repeated tardiness or unauthorized leave, including unauthorized departure from the work area.

  10. Failure to maintain satisfactory and harmonious working relationships with the public or other employees while on the job or when performing job-related functions.

  11. Failure to obtain and maintain current license or certification required by law or policy as a condition of employment.

  12. Conviction of a felony.

  13. Repeated failure to make reasonable provision for payment of personal debts which result in multiple garnishments caused by two or more personal debts, excluding cases of court ordered child support payments.

  14. Insubordinate acts or language which seriously hampers the Nebraska Judicial Branch’s ability to control, manage or function.

  15. Acts which bring discredit upon oneself, the Nebraska Judicial Branch, and the state.

  16. Acts or conduct (on or off the job) which adversely affect the employee’s performance and/or the Nebraska Judicial Branch’s performance or function.

  17. Workplace harassment based in whole or in part on race, gender, color, religion, age, disability or national origin which manifests itself in the forms of comments, jokes, printed material, and/or unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature.

  18. Display or possession of materials and/or utterance of comments in the workplace that are derogatory toward a group or individual based on race, gender, color, religion, disability, age or national origin.

  *Note: Although county court clerk magistrates are governed by the Nebraska Revised Code of Judicial Conduct, they are disciplined in accordance with the Nebraska Judicial Branch Personnel Policies and Procedures.

  Employees shall not be disciplined more than once for a single specific violation. However, they may be disciplined for each additional violation of the same or similar nature.

Amended September 17, 2003; amended December 22, 2010; amended July 9, 2015; amended October 23, 2024, effective January 1, 2025.

   Responsibility to impose disciplinary action shall be vested in the employee's supervisor. Disciplinary action shall be taken in response to the employee's failure to meet the standards, objectives, or rules of the Judicial Branch. The objective of discipline is to correct or eliminate inappropriate behavior or conduct.

Amended July 9, 2015.

   Supervisors are responsible for ensuring due process for employees being disciplined. Prior to beginning the disciplinary process, a supervisor is encouraged to consult with the Personnel Administrator.

   The following procedures shall be observed:

(1) Investigation

Upon obtaining information about an incident or performance issue which may warrant disciplinary action, the supervisor will conduct a fair investigation, including allowing the employee to respond to the information which may lead to discipline. Based upon the totality of the evidence and the individual circumstances of the case, the supervisor will make an objective decision whether or not to go forward with the disciplinary process.

(2) Notice of Allegations

If, based on the investigation, the supervisor decides a disciplinary action may be appropriate, the employee shall be entitled to written and oral notice of the proposed allegations against him or her, citing the rule or policy violated and an explanation, including any written documentation of evidence against him or her. The explanation should include a description of the incident or performance issues involved and dates of occurrence to the extent the explanation would not impair the function or operation of the Judicial System or expose the System to legal liability. The employee shall acknowledge receipt of the written notice of allegations by signing the document. The employee's signature does not constitute agreement with the content of the document. If the employee refuses to sign, the supervisor and a witness shall sign a notation of the employee's refusal on the document.

(3) Pre-disciplinary Employee Response Meeting (Mitigation Meeting)

Following receipt of the Notice of Allegations, the employee shall be entitled to an opportunity to present mitigating evidence or present reasons why disciplinary action should not be taken. If the opportunity or explanation is in the form of a meeting, the supervisor shall afford the employee adequate notice as to time, place, and purpose of such meeting. A minimum of 24 hours' notice shall be provided and the supervisor shall make a reasonable effort to reschedule where necessary for sufficient preparation. Upon request the employee shall be allowed representation or may bring a witness.

(4) Delivery of the Notice of Discipline or Notice of No Cause to Discipline

Following the employee's opportunity to provide mitigating evidence, if the supervisor determines disciplinary action is warranted, the employee shall be

a. advised in writing of the nature of the violation;

b. advised in writing of the disciplinary action being administered; and

c. if appropriate, notified in writing of the time allowed for improvement and the consequences (including dismissal) of future violations or failure to improve.

   The employee shall acknowledge receipt of the written documentation of disciplinary action by signing the document. The employee's signature does not constitute agreement with the content of the document.  If the employee refuses to sign, the supervisor and a witness shall sign a notation of the employee's refusal on the document.  A copy of the document shall then be placed in the employee's personnel file and a copy of the document shall be sent to the Administrative Office. 

   If the supervisor determines there is no cause for disciplinary action, the employee shall be advised in writing that no disciplinary action will be administered.

Amended July 9, 2015.

   The following types and levels of disciplinary actions are described in a progressive manner. The steps are intended to allow the employee to correct the behavior prior to the next stage. However, the type and extent of disciplinary action shall be governed by the nature, severity, and effect of the violation; the type and frequency of previous violations; the period of time elapsed since a prior offensive act; and consideration of extenuating circumstances. More severe levels of disciplinary action may be imposed when a lesser action is deemed inadequate or has not achieved the desired results. One or a combination of any of the following disciplinary actions may be imposed.  All disciplinary actions shall be in writing, and if more than one action is imposed, they shall be on a single document and imposed at the same time.

   (1) Written Warning

   This is typically the first level of disciplinary action, appropriate for first incidents and lesser violations where efforts to counsel the employee have not been effective. This action consists of a written record providing in detail the reasons for the warning and advising the employee of the action required to correct the unsatisfactory performance or behavior, the time allowed for improvement, and the consequences of future violations or failure to improve. The employee shall be required to acknowledge receipt and understanding of the warning in writing. Such signature does not imply agreement. If the employee refuses to sign, the supervisor and a witness shall sign a notation of the employee's refusal on the document. A copy of this documentation shall be placed in the employee's personnel file. The employee has the right to file a written explanation or denial.

   An employee shall not have a written warning imposed more than once for a single transgression. However, written warnings for each additional act of the same or similar nature may be imposed.

   (2) Disciplinary Probation

   This level of disciplinary action is appropriate where a written warning was not effective in resolving an issue or for more frequent or serious violations. A disciplinary probation may be imposed for a period of up to six months. This is a designated time period during which the employee must improve. Disciplinary probation may be extended for up to one year with Administrative approval. An extension of disciplinary probation shall be considered as a separate disciplinary action. The imposition of a disciplinary probation is be be accompanied by a written explanation concerning the employee's violation, performance shortcomings, etc., that have caused the action to take place; the action required for improvement if appropriate; the time allowed for improvement and notice that if positive action is not taken to correct the noted deficiencies, dismissal may be imminent. The employee shall be required to acknowledge receipt and understanding of the document by signing the document.  If the employee refuses to sign, the supervisor and a witness shall sign a notation of the employee's refusal on the document. A copy of the document shall then be placed in the employee's personnel file.

   Employees placed on disciplinary probation may not be promoted or granted any salary increase authorized by the Supreme Court other than the "across the board" increase. The termination of an employee on disciplinary probation does not preclude recourse in the form of the filing of a grievance by the employee.

   An employee may be placed on disciplinary probation upon return to work following a suspension without pay providing the employee was so informed when the suspension was imposed. Employees granted leave while serving disciplinary probation, may have their probation extended by the number of days absent on leave. An employee may be removed from disciplinary probation at any time.

   (3) Suspension Without Pay

   This level of disciplinary action is appropriate where previous disciplinary acts were not effective in resolving an issue and/or for more frequent or serious violations. Suspension without pay may be imposed in conjunction with another form of discipline such as a written warning or disciplinary probation.

   Suspension without pay shall not exceed 20 workdays and shall be imposed in writing. The document imposing this form of action shall be dated and shall include the reason for the suspension and the number of days the suspension will last and the effective date(s) of the suspension.

   Employees placed on suspension without pay shall not be granted vacation, sick, or holiday leave or unused compensatory time off while in a suspended without-pay status, nor shall they earn vacation, sick, or holiday leave credit during the period of suspension

   If the same or an additional violation is committed while serving the disciplinary probation period, the employee may be suspended without pay as a result of the new violation. In such instances the period of suspension without pay shall not be credited to the original probation period. Upon completion of the period of suspension without pay, the employee shall complete the probationary period plus any additional period of probation imposed as a result of the violation which caused suspension without pay.

   The notice of a period of suspension is to be accompanied by a written explanation of the reasons for the suspension and the fact that failure to improve may result in further discipline. The employee shall be required to acknowledge in writing receipt and understanding of such information. If the employee refuses to sign this document, the supervisor and a witness shall sign a notation of the employee's refusal to sign the document.  A copy of the document shall then be placed in the employee's personnel file. In cases in which the employee is to be placed on disciplinary probation upon return from suspension without pay, the employee shall be informed of this fact at the time the suspension is imposed.

   (4) Reduction in Salary Within Salary Grade

   This level of disciplinary action is appropriate where previous disciplinary acts were not effective in resolving an issue and/or for more frequent or serious violations. Supervisors may recommend a reduction in an employee's salary within salary grade as a disciplinary action in consultation with the Administrative Office. Supervisors may recommend restoration of an employee to his/her previous salary when circumstances justify. An employee's salary may be reduced to no lower than the minimum permanent rate of the salary grade.

   (5) Demotion

   This level of disciplinary action is appropriate where despite attempts to improve performance, an employee is not successful at doing so, and may be successful in a lower job classification. The employee's duties shall be changed to reflect the new classification. Upon demotion of an employee for disciplinary reasons, the Administrative Office shall reduce the employee's salary a minimum of 5 percent and the salary may not be above the maximum rate of the new salary grade. However, a demoted employee's salary may be reduced no lower than the minimum permanent rate of the new salary grade.

   (6) Dismissal

   This level of disciplinary action is appropriate where previous disciplinary acts were not effective in resolving an issue and for the most serious violations, such as theft, physical altercations, law violations, and participating in harassment based on protected class.

   Employees dismissed shall be provided with written notice of their dismissal 2 weeks prior to dismissal, or, at the discretion of the Administrative Office, granted 2 weeks' pay in lieu of the 2-week notice where the employee's continued presence in the workplace would potentially be disruptive or otherwise adverse to effective operations.

   Employees granted 2 calendar weeks pay in lieu of notice shall not be eligible to accrue sick or vacation leave for the period for which payment in lieu of notice is made.

   An employee who commits a violation or an act which endangers or threatens the safety, health, or well-being of another person or persons, or a violation or act which is of sufficient magnitude that the consequences thereof cause irreparable disruption of work presently performed, or to be performed in the future, may be dismissed forthwith and shall not be entitled to a 2-week notice of dismissal or 2 calendar weeks pay in lieu of notice.  

Amended September 17, 2003; amended December 22, 2010; amended July 9, 2015.

     The Supreme Court Personnel Board has final authority to determine whether or not an issue is grievable and may elect to hear any issue at its discretion. Issues determined to be nongrievable are subject to summary dismissal by the board. The identification of nongrievable issues is not intended to sanction mistakes or unfair management practices.

  The following issues, when done in compliance with established law, rule or policy, are examples of nongrievable matters. The list below is not to be considered all inclusive:

  1. appointments and initial hiring selections;                                                            

  2. involuntary transfers with no salary reduction or relocation required; 

  3. leave of absence, decisions regarding grants of maternity/paternity leave donations, and determination of eligibility for use of the catastrophic illness donation programs;

  4. position classification determinations;

  5. salary schedules;

  6. furloughs and layoffs due to elimination or reduction of funds, reduction in the workload, and/or reorganization; and

  7. payment of travel or moving expenses;

  8. determinations regarding an employee’s ability to telecommute. 

Amended October 23, 2024, effective January 1, 2025.

   The filing of a grievance does not delay the effective date of any management action. Filing of a grievance shall not jeopardize the grievant's position, opportunities for advancement, or salary increases. No employee may be coerced by a supervisor or another employee into not proceeding with a grievance or not appearing as a witness at a hearing.

   The members of the Supreme Court Personnel Board shall be appointed by the State Court Administrator and serve 3-year terms. The Board shall be composed of one county or district judge, one chief probation officer, and one clerk magistrate.  The judge member of the Board shall be the chairperson and shall preside over hearings.

   A listing of the current Board members' names and addresses shall be available in the Administrative Office.

   The authority of the Supreme Court Personnel Board is to determine if any decision regarding a grievance made by the State Court Administrator, State Probation Administrator, or an administrative employee delegated to respond to a grievance was made in good faith and for cause and to ensure that the actions were in reasonable compliance with the Nebraska Supreme Court Personnel Policies and Procedures or relevant state statutes. Decisions made by the Board are final and binding on all parties involved.

   A Supreme Court Personnel Board member shall excuse himself or herself in decisions where his or her impartiality might reasonably be questioned, including, but not limited to, instances where the Board member has been a participating party in the grieved action.  In the event that a member is excused, the State Court Administrator or State Probation Administrator shall appoint a temporary Board member to serve until a decision is made regarding the grievance.

   The Supreme Court Personnel Board has final authority to determine whether or not an issue is grievable and may elect to hear any issue at its discretion. Issues determined to be nongrievable are subject to summary dismissal.

  The following are the procedures and time allowances for the official grievance process. If the grievant fails to advance a grievance to any step within these time allowances, the grievance shall be considered discontinued by the grievant and the matter will be considered closed. However, time allowances may be extended by mutual agreement of the parties. 

  (1) Step 1. Presentation of Formal Grievance

  Within 15 workdays of the occurrence of the grieved action (or from the day the employee should have known about the action), the employee shall present a formal written grievance (using the official grievance form) to his/her immediate supervisor. The grievance shall contain a detailed statement of the grievance which indicates the issue involved, the relief sought, the date the incident or violation took place, if known, and the specific rule or policy involved.

  (2) Step 2. Decisionmaker’s Reply

  If the immediate supervisor is the person who made the decision causing the grievance, that supervisor may discuss it with the grievant. The supervisor shall prepare a written reply on the grievance form to the grievance within 5 workdays of receiving the grievance. If the immediate supervisor did not make the grieved decision, the immediate supervisor shall note that fact on the grievance form, sign it, and forward through the supervisorial chain within 2 workdays. At each level, if the management team member did not make the grieved decision, that person has 2 workdays to provide a separate endorsement and forward on to the next level. Once to the decision maker, that person shall prepare a written reply on the grievance form within 5 workdays.

  The supervisor who made the original decision causing the grievance may discuss the grievance with the grievant, shall reply in writing (on the grievance form or an attachment) to the grievant within 5 workdays after receiving the grievance, and shall be responsible for consulting with all necessary levels of supervision in the preparation of the written response to the grievant.

  If a supervisor in Step 2 of the Grievance Procedure fails to respond to the grievant within the specified time periods, the grievance shall be considered denied, and the grievant may proceed with his/her grievance to the next step.

   (3) Appeal to the Administrative Office

    If dissatisfied with the decision-maker's reply, the grievant has 5 workdays from receipt of the reply to appeal the decision to the Administrative Office. The State Court Administrator, the State Probation Administrator or a delegated person in the Administrative Office shall issue a decision in writing to the grievant as soon as possible.

   (4) Appeal to the Supreme Court Personnel Board

   If the grievant wants to appeal the decision from the Administrative Office to the Supreme Court Personnel Board, that appeal using the grievance form must be filed with the chairperson of the Board within 5 workdays of receipt of the administrative decision. Upon receipt of the appeal, the chairperson shall provide written notification to the involved parties that an appeal has been filed. The written appeal to the Supreme Court Personnel Board must set forth alleged facts in sufficient detail for the Board to decide if a misinterpretation or misapplication of the Nebraska Supreme Court Personnel Policies and Procedures has possibly occurred and whether an evidentiary hearing is necessary. If the Board decides that the appeal does not meet these criteria, an evidentiary hearing may not be granted and the appeal will be dismissed without prejudice. If the appeal is dismissed without prejudice and the grievant wishes to amend the appeal, the amendment must be filed within 10 workdays of receiving notice of dismissal. Amended appeals not filed with the Board within the 10-workday limit will be dismissed.

   When a grievance appeal is properly submitted and the Supreme Court Personnel Board determines that the issue includes a possible misinterpretation or misapplication of the Nebraska Supreme Court Personnel Policies and Procedures, an appeal hearing will be scheduled. The chairperson of the Board shall notify all parties of the time and place of any appeal hearing. A copy of the appeal shall be provided to the affected staff member in the Administrative Office.

   The Supreme Court Personnel Board shall hold a hearing on as early a date as is possible or inform all parties that the issue is not grievable.

   The Supreme Court Personnel Board may order a pre-hearing conference prior to the grievance hearing to clarify the issues to be heard, the number of witnesses, the evidence to be  presented, and other procedural details determined by the Board; or the Board may issue a pre-hearing order requiring the parties to mutually resolve such matters prior to the hearing. Failure by either party to appear at a pre-hearing conference or to respond timely to a pre-hearing order may bind that party to the issues, witnesses, and evidence submitted by the opposing party, or to those established by the Board, which shall control the presentation of issues, witnesses, exhibits, etc., during the hearing. The Board shall designate which party shall go first in the presentation of evidence.

   The Supreme Court Personnel Board shall conduct the grievance hearing and rules of evidence shall not apply unless requested by either party.  Such request shall be made in writing at least 3 workdays prior to the holding of the hearing. The hearing shall be recorded on four-track audio recording equipment.

   Either party may present witnesses and/or written data. If either party wishes to use any employee of the Nebraska Court System as a witness in the presentation of his/her case, he/she shall request the Board, through the State Court Administrator or the State Probation Administrator, to require the attendance of the witness. The request for an employee's appearance must be submitted to the chairperson of the Board at least 8 workdays prior to the hearing. Notice of less than 8 workdays shall not guarantee employee attendance. A written requirement of attendance of an employee shall be prepared by the Administrative Office and sent to the employee whose attendance is required at least 4 workdays before the scheduled hearing. The Board may limit the number of witnesses either party may call to testify by considering relevancy of proposed testimony and whether or not it would be repetitious.

   Employees of the Nebraska Supreme Court who are required to attend an appeal hearing shall be granted time off from their assigned duties to appear. All hours of attendance, including travel time, shall be considered work time. Reimbursement will be made for allowable expenses. 

   The Supreme Court Personnel Board may request opening and/or closing statements from both parties in the grievance hearing. The parties may be requested to submit summary briefs at a mutually agreed upon date subsequent to the hearing.

   All parties involved with a grievance appeal hearing may present their cases either personally or through their authorized representative. Each party is responsible for any attorney costs incurred in presenting his/her case.

   In the event that one party fails to appear at the grievance hearing scheduled by the Supreme Court Personnel Board, a default judgment shall be entered unless the party who failed to appear shows good cause for having failed to appear within 5 workdays after the hearing date. The chairperson of the Board will provide written notification of a default judgment to all parties.

   At any time during the grievance procedure, the parties may reach a settlement and thereby terminate the process. The settlement must be in writing and is binding on both parties. The settlement must be signed by both parties and shall include a statement that neither party will pursue the matter further as long as settlement agreements are followed. At this point the grievance will be considered to be resolved. If either party fails to abide by the settlement, the violation may be grieved beginning at the local level. 

Amended July 9, 2015; amended October 23, 2024, effective January 1, 2025.

Employee Formal Grievance Form

   At any time after the proper filing of a formal grievance, the employee and/or the AOCP obtain discovery regarding any matter not privileged that is relevant to the subject matter involved in the pending appeal by utilization of one or more of the following methods: requests for depositions, requests for interrogatories, requests for production  of documents or things, requests for permission to enter appropriate offices for the purpose of inspection and/or requests for admissions. Unless the Supreme Court Personnel Board rules otherwise, the frequency of use of these methods is not limited. All discovery requests are subject to the following provisions:

   1. Requests for discovery shall be addressed to the party from whom the discovery is sought, with a copy addressed to the Supreme Court Personnel Board through the AOCP.  Such requests shall be sufficiently in advance of the scheduled hearing to allow for the accommodation of the time lines established below.

   2.  Responses to discovery requests must be provided within 10 workdays of receipt of request, unless objections are entered. Objections to such requests may be made only to the chairperson of the Supreme Court Personnel Board and must be made within 5 workdays of receipt of the request. The chairperson shall affirm or deny such objections within 10 workdays of receipt of the objections and shall establish time limits for response when objections are denied.

   3. Within 5 workdays of the receipt of the discovery requested, the requesting party shall notify the answering party of any failure on the part of the answering party to properly respond to the request.

   4. Except where objections to discovery requests are sustained, the failure to respond to any discovery requests may result in the answering party being denied the right to introduce the requested evidence or such other remedy as is deemed appropriate by the chairperson.  

   A copy of the Supreme Court Personnel Board's decision shall be forwarded to the parties involved. The original decision and all documents relating to the grievance shall be filed in the AOCP.

Amended September 17, 2003; amended October 23, 2024, effective January 1, 2025.

   The purpose of this policy is to establish basic guidelines for appropriate work dress for employees of the Nebraska Judicial Branch. In an effort to maintain a professional appearance as an employee of the Nebraska Judicial Branch, staff shall be well groomed and shall present an appropriate image commensurate with the status and dignity of the office. Attire shall be in good taste and reflect the requirements of the job and the working conditions. Employees have frequent public contact, and their appearance and demeanor convey an impression of the court system. The purpose of this policy is to promote a positive image of the Nebraska Judicial Branch, but also to allow for considerations of safety, job requirements, and the work environment. Personal neatness, cleanliness, and appropriate attire provide an atmosphere of professionalism and inspire confidence in an employee's ability to deliver services.

Amended November 10, 2021.

   This policy applies to all employees of the Nebraska Judicial Branch operating in court, probation, public guardian, and administrative offices and includes interns, volunteers, contract employees, temporary employees, and grant-funded positions. The various offices may have unique operating needs such as public contact and court appearances, and thus, local offices may establish more stringent requirements based on those needs. At no time may an office establish lower standards than those set forth herein, except as needed in individual cases of safety or work needs.

Amended November 10, 2021.

   (1) Definitions

   Professional Attire: Professional attire means employees shall dress in a conventional businesslike manner; appropriate professional attire includes dresses, skirts, dress slacks, pantsuits, collared shirts, ties, suits, or sport coats. Dress shoes are required.

   Business Casual Attire: Business casual attire means employees may dress in khakis or similarly styled pants, shirt, and dress shoes. Shirts should have a collar or finished edge. Capri or “Gaucho” pants may be worn if they are no shorter than mid-calf length and are worn in the same manner as dress slacks, i.e., with a jacket or dress shirt.

   Casual Attire: Casual attire shall consist of jeans, a collared shirt with a Nebraska Judicial Branch approved logo or similar shirt, and casual shoes, which may include tennis shoes. Shorts or hats are not permitted unless specifically authorized by the Administrative Office of the Courts and Probation to be worn in conjunction with community activities occurring outside, on weekends, or as other conditions warrant.

   Field Work is defined as visitations to homes, other places of residence, hospitals, treatment facilities, schools, places of employment, community service sites, nursing homes, or similar locations.

   (2) Courtroom and Other Professional Activities

   Professional attire is required in court and when participating in or attending other professional activities in which an employee is representing the Nebraska Judicial Branch.

   (3) Office Staff not Required to Attend Court

     Business casual attire is acceptable when not required to attend court. Business casual attire is required while conducting business during the course of the day and for field work unless otherwise specified per subsection (5) of this policy.

   (4) Specific Designations for Casual

   Casual “jeans” or “denim” days are permitted not more than one day per month at the discretion of the presiding judge, chief probation officer or the division head within the Administrative Office of the Courts and Probation. Additional days may be granted at the discretion of the State Court Administrator or the State Probation Administrator.

   (5) Field Work

   Business casual attire is required during field work unless the location or purpose of the visit warrants a more casual attire. Such more casual attire shall be pre-approved and appropriate for the type of field work being performed. No sandals or open-toed shoes may be worn for field work.

   Unless otherwise prevented from doing so, body armor shall be worn under clothing or concealed from public view. At all times, probation officers shall present themselves in appearance as officers of the Court, not as law enforcement officers. Battle dress uniforms (BDUs), “raid-type” jackets, or similar clothing with law enforcement identifiers may be worn only in conjunction with conducting a search or field visits in conjunction with law enforcement.

   (6) Training Events

   Trainers/presenters/trainees are expected to present themselves in professional or business casual attire while attending or conducting training and providing education. Casual attire is permissible while attending a training or educational event only when specifically designated and as approved by the Administrative Office of the Courts and Probation.

   (7) Unacceptable Attire

   The following is a list of unacceptable attire, not to be considered inclusive, although it is subject to modification by a supervisor or management and the limited exceptions detailed elsewhere in this policy.

· Tank tops, spaghetti-strap tops, strapless tops, or any top that does not completely cover the midriff area.

· Clothing with noticeable wear, including ripped, frayed, dirty, or wrinkled clothing.

· Stretch pants or leggings worn without skirts, dresses, cardigans, and/or long tops.

· Sweat pants, warm-ups, or other athletic clothing.

· Flip-flop sandals, slippers, or Crocs.

· Clothing which is excessively tight, short, low-cut, revealing, or sheer.

   (8) Other Considerations

   Drug technicians, substance use monitors, or others serving a majority of their time in similar roles are permitted to wear scrubs or other suitable attire while performing assigned duties while in the lab/office.

   Tattoos which by slogan and/or design imply negative connotation shall be concealed at all times during working hours.

   Jewelry and other accessories shall not present a safety hazard nor be offensive to clients and co-workers.

1. Jewelry shall not be functionally restrictive or excessive.

2. Jewelry which, by its slogan, and/or design, implies a negative connotation is prohibited.

   Body Piercings: Excessive body piercing in nontraditional areas of the body may distract from the normal course of business, and therefore, such piercings shall not be visible.

1. The normal wearing of earrings in the earlobe and/or a small, single "stud" in a nostril is acceptable. Although an employee may have parts of his or her body pierced, all other piercings shall be covered by clothing. The wearing of ear gauges is not permitted.

2. All staff is advised to consider safety precautions in their choice of clothing, jewelry, and shoes.

2. An employee may request an exemption to parts of these standards based on legitimate medical, religious, or cultural practice.

   (9) Special Occasion Exceptions

   Costumes, holiday specific outfits, or other special event outfits are acceptable for predetermined special occasions/holidays upon preapproval from the presiding judge, chief probation officer, the State Court Administrator, or the State Probation Administrator.

   (10) Action to be Taken or Sanctions for Inappropriate Dress

   A supervisor may require an individual employee to change clothes in the event that an employee’s attire does not fit the above criteria. The time required to change such clothes may be considered an official leave of absence without pay for the employee. Subsequent violations may be cause for disciplinary action.

Amended November 23, 2011; amended November 10, 2021.

   Reports shall be prepared (1) upon completion of the original provisional period, (2) at least on an annual basis with the date to be determined by the local office, (3) as a subsequent report after the issuance of a report of performance less than satisfactory (such subsequent report may not be done less than 90 days after the previous report), and (4) on occasions when the supervisor desires to record performance worthy of recognition, either favorable or unfavorable. Reasons for submission of this type of report shall be explained in the report.

   After completion of the written report, it is recommended that the report be reviewed by the evaluator's supervisor(s) prior to discussion with the employee. 

   Performance reports shall then be discussed with the employee, who shall have the right to add his/her comments. These comments shall be submitted within 30 calendar days of the date of the report. The signing of the performance report form of the employee does not signify the employee's agreement with the content, but only that he/she has seen the performance report, that it has been discussed with the employee, and that the employee has been given an opportunity to comment. The evaluator should sign and date the performance report.  If the employee refuses to sign, the supervisor and a witness shall document the employee's refusal on the employee's performance report.    

   Each employee shall receive a copy of his/her performance report. A copy of each performance report shall be included in the employee's personnel file and a copy sent to the Administrative Office.

Amended September 17, 2003.

   Information concerning an employee's or former employee's name, position, gross salary, date of hire, date of separation, and location where employed shall be considered public information. Any other information contained in an employee's personnel file shall not be released to any requesting party unless the employee has signed a release authorization, or if a legal warrant has been served requesting such information. 

  Each supervisor shall maintain the following personnel records:

  1. Record of salary;

  2. Copies of all personnel transactions pertaining to individual employee; and

  3. Employee performance report(s).

  Former employees’ personnel files may be destroyed 10 years after the employees’ separation date., unless there is a complaint filed by or on the employee and/or charges are filed. In those instances, the file may be destroyed 10 years after all actions and appeals are complete and/or final. A brief file or information card shall be retained containing former employees’ dates of employment and rate of pay.

  Employees shall have the right to review their personnel file maintained at the employees’ place of employment during regular office hours. Review may be done in the presence of a supervisor.

  Documentation (including performance reports) which reflects unfavorably on an employee or former employee shall not be placed in their personnel file without their knowledge.

  Employees or former employees have the right to file a written rebuttal within 30 calendar days from date of notice to any item placed in their personnel file with the exception of grievances settled in accordance with Supreme Court Grievance Procedures. This written rebuttal shall be placed in their personnel file.

  No negative documentation shall be placed in an employee’s file after the dismissal, resignation or retirement of the employee unless the former employee is notified. Exceptions are reports, letters or documents originated and signed by the employee.

Amended October 23, 2024, effective January 1, 2025.