Nebraska § 35-302 Paid fire departments;
firefighters; hours of duty; alternating day schedule; agreement; restrictions

Nebraska Statutes

§ 35-302 — Paid fire departments; firefighters; hours of duty; alternating day schedule; agreement; restrictions

Nebraska § 35-302

Ch. 35Fire Companies and Firefighters

This text of Nebraska § 35-302 (Paid fire departments; firefighters; hours of duty; alternating day schedule; agreement; restrictions) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 35-302 (2026).

Text

Firefighters employed in the fire departments of cities having paid
fire departments shall not be required to remain on duty for periods of time
which will aggregate in each month more than an average of sixty hours per
week. Each single-duty shift shall consist of twenty-four consecutive hours
and shall be followed by an off-duty period as necessary to assure compliance
with the requirements of this section unless by voluntary agreement between
the city and the authorized
collective-bargaining agent or, if there is no collective-bargaining unit, the
firefighter, any firefighter may be permitted to work an additional period
of consecutive time and may return to work after less than a twenty-four-hour
off-duty period. Any firefighter may be assigned to work less than a twenty-four-hour
shif

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Firefighters employed in the fire departments of cities having paid
fire departments shall not be required to remain on duty for periods of time
which will aggregate in each month more than an average of sixty hours per
week. Each single-duty shift shall consist of twenty-four consecutive hours
and shall be followed by an off-duty period as necessary to assure compliance
with the requirements of this section unless by voluntary agreement between
the city and the authorized
collective-bargaining agent or, if there is no collective-bargaining unit, the
firefighter, any firefighter may be permitted to work an additional period
of consecutive time and may return to work after less than a twenty-four-hour
off-duty period. Any firefighter may be assigned to work less than a twenty-four-hour
shift, but in such event the firefighter shall not work in excess of forty
hours per week unless otherwise
provided by voluntary agreement between the city and the authorized collective-bargaining
agent or, if there is no collective-bargaining unit, the firefighter. No agreement
under this section shall allow a firefighter who is scheduled to work less
than a twenty-four-hour shift and who holds the rank of fire chief or works
as an immediate subordinate to a fire chief to fill temporary vacancies created
by the absence of a firefighter who is assigned to work a twenty-four-hour
shift and who holds a rank lower than fire chief. No firefighter
shall be required to perform any work or service as such firefighter during
any period in which he or she is off duty except in cases of extraordinary
conflagration or emergencies or job-related court appearances.

Legislative History

Source: Laws 1953, c. 119, § 1(2), p. 377; Laws 1963, c. 196, § 1, p. 642; Laws 1971, LB 773, § 1; Laws 1979, LB 80, § 101; Laws 2009, LB537, § 1. Annotations: This section provides firefighters with statutory rights and permits firefighters to waive those rights by voluntary agreement, but does not alter the well-established principle that such a waiver must be clearly and expressly established. Hogelin v. City of Columbus, 274 Neb. 453, 741 N.W.2d 617 (2007).