C. Sick Leave

C. Sick Leave

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




1st through 5th year 96 hours 12 days
6th year 136 hours 17 days
7th year 144 hours 18 days
8th year 152 hours 19 days
9th year 160 hours 20 days
10th year 168 hours 21 days
11th year 176 hours 22 days
12th year 184 hours 23 days
13th year 192 hours 24 days
14th year 200 hours 25 days
15th year 208 hours 26 days
16th year 216 hours 27 days
17th year 224 hours 28 days
18th year 232 hours 29 days
19th year and thereafter 240 hours 30 days
Maximum Accural 1440 hours 180 days

   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 at his or her post 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 given a family/medical leave form.  Employees shall be required to take family/medical leave concurrently with sick leave if the reason for sick leave qualifies. (See additional information under Family/Medical Leave section.)

   Holidays within a period of sick leave shall not be counted as working hours. If an absence because of illness or injury not arising from the course of employment extends beyond the sick leave earned to the credit of an employee, and if the employee is not on family/medical leave, such additional time shall be charged to vacation leave. Sick leave can be used to supplement workers' compensation up to the employee's current salary level extent.

   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.

   An employee who is eligible for retirement and who elects to receive payment for one-fourth of accumulated, unused sick leave upon retirement from Nebraska Court System or any other Nebraska State agency employment, and subsequently returns to the system's employment, 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 one-time 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 5-23-07; amended 7-9-15.