Nebraska

Pregnancy and Work

Protection Against Pregnancy Discrimination

Under the federal Pregnancy Discrimination Act (PDA), employers with 15 or more employees cannot discriminate against pregnant workers. They must treat pregnancy, childbirth, and related medical conditions in the same manner as any other temporary medical condition, regarding hiring, firing, pay, promotions, and job assignments.

Example: If an employer offers light-duty work for employees recovering from an injury, they must also offer it to pregnant employees if needed.

The Nebraska Equal Opportunity Commission (NEOC) enforces anti-discrimination protections for pregnant workers at the state level.

Workplace Accommodations

The Pregnant Workers Fairness Act (PWFA) grants pregnant, postpartum, and pumping employees the right to reasonable accommodations, including: Extra breaks, Flexible scheduling for doctor’s appointments, Light-duty assignments, Remote work options, and Time off for recovery from childbirth or pregnancy loss

Under the Americans with Disabilities Act (ADA), if pregnancy causes a medical condition (e.g., gestational diabetes), employers may need to provide additional accommodations.

Workplace Safety for Pregnant Workers

Employers must maintain a safe work environment for pregnant employees. Unsafe working conditions can be reported to the Occupational Safety and Health Administration (OSHA).

Taking Time Off Work

Family and Medical Leave Act (FMLA)

Eligible employees can take up to 12 weeks of unpaid leave per year for childbirth, bonding with a newborn, or pregnancy-related health conditions.

Eligibility criteria

Employer has 50+ employees within 75 miles;
Employee has worked at least 12 months for the employer; and
Employee has logged 1,250 hours in the past year.

Nebraska State-Specific Leave Protections

Nebraska does not have a state-specific maternity leave law beyond FMLA. However, some employers may voluntarily offer paid parental leave or short-term disability benefits.

State employees may have additional leave benefits under the Nebraska Department of Administrative Services.

Pregnancy Leave
If an employer provides medical or sick leave for other conditions, they must allow pregnancy-related
leave under the Pregnancy Discrimination Act (PDA).

Leave may be unpaid unless company policies or contracts specify otherwise.

Returning to Work with a Baby

Break Time for Nursing Mothers

Under the Fair Labor Standards Act (FLSA), employers must provide

• Reasonable break times to pump breast milk for up to one year after childbirth.
• A private, non-bathroom space for expressing milk

The PUMP for Nursing Mothers Act (2023) expanded these protections to include more employees, including teachers, nurses, home care workers, and truck drivers.

Small businesses (fewer than 50 employees) may claim exemptions, but most employers must comply.

Parental Rights for Sick or Family Leave

If a child or family member has a serious medical condition, employees may qualify for unpaid leave under FMLA to provide care.

Workplace Protections for New Parents

Equal Pay: Nebraska’s wage laws ensure equal pay for equal work, regardless of parental status.

Employment Termination: Employers cannot fire or retaliate against employees for

Taking FMLA leave
Requesting pregnancy-related accommodations

Job Protection

FMLA guarantees that employees must be reinstated to the same or an equivalent position after parental leave.

Support for Parents in Nebraska

Childcare Assistance

Nebraska’s Child Care Subsidy Program helps low-income working parents afford childcare. Learn more at ACCESSNebraska.

Nebraska Temporary Assistance for Needy Families (TANF)

• Provides financial support to low-income families, including those with newborns.

Flexible Work Policies

Some Nebraska employers voluntarily offer

• Remote work options;
• Paid parental leave; and
• Alternative work schedules.

Breastfeeding-Related Rights

Under the PUMP for Nursing Mothers Act, employers must provide

• Break time for employees to express breast milk; and
• A private pumping space (not a bathroom).

These accommodations must be available for one year after childbirth and provided as needed.

These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in Nebraska.