Summary: Voters in Missouri recently approved a ballot measure requiring employers to provide paid sick leave to employees working in the state, effective May 1, 2025.
Read on for key details of the upcoming Missouri paid sick leave requirements and employer next steps.
Voters in Missouri approved Proposition A on the November 5, 2024 ballot, requiring employers to provide paid sick leave (MO PSL) to employees working in Missouri.[1]
The table below captures key details of the MO PSL requirements.
MO PSL Paid Sick Requirement |
Key Details |
Effective Date |
May 1, 2025 |
Covered Employers |
All private-sector employers with at least one employee working in Missouri. Public sector employees at the federal, state, county or local level (including school districts and public higher education institutions) are exempt from MO PSL. |
Eligible Employees |
All employees, including part-time and temporary employees, working in Missouri except for the following employees:
|
Qualifying Reasons |
MO PSL may be taken for the following qualifying reasons:
|
Definition of Family Member |
Family member is defined broadly under MO PSL to include a spouse, domestic partner, children, grandchildren, parents, grandparents, siblings, as well as legal guardians and children for whom the employee stands (or stood) in loco parentis. Additionally, family member also includes:
|
Accrual & Use Limits |
Employers with 15 or more employees: One hour of MO PSL for every 30 hours worked up to 56 hours. Employers with 15 or more employees: One hour of MO PSL for every 30 hours worked up to 40 hours. NOTE: An employers, at its discretion, may loan MO PSL time to an employee in advance of accrual. |
Increments of Use |
MO PSL may be used hourly increments or in the smallest increment that an employer’s payroll system uses to account for other absences. |
Waiting Period |
None – employees may use MO PSL as it is accrued. |
Carryover/Frontloading |
Up to 80 hours of unused, accrued MO PSL may be carried over to the following year. As an alternative to carryover amounts, employers may pay out unused, accrued MO PSL at the end of the year as long as they provide employees with the full amount of required MO PSL for immediate use at the beginning of the following year. |
Payout Upon Termination |
Employers are not required to pay out accrued, unused MO PSL to employees upon termination of employment. |
Rehires |
If a terminated employee is rehired within nine months by the same employer, then previously accrued, unused MO PSL must be reinstated and available for use at the time of rehire. |
Notice |
An employer may require employees to provide notice of their need to use MO PSL when the need is not foreseeable. In this instance, employers must provide a written policy detailing procedures for employees to provide notice. Employers are prohibited from requiring an employee to search for or find a replacement worker as a condition of an employee using MO PSL. |
Documentation |
Employers may require employees to provide reasonable documentation to support an employee’s use of MO PSL of three or more consecutive days. Reasonable documentation may include, as applicable:
Employer may not require the documentation to explain the nature of the illness, underlying health needs, or the details of the domestic violence, sexual assault, or stalking. Additionally, documentation received from employees requesting and using MO PSL must be maintained confidentially by employers and placed in a separate file from an employee’s personnel file. |
Records Retention |
Employers must retain records documenting hours worked and MO PSL time taken by employees for three years. |
Current Employer Leave Policies |
Employers with existing policies that provide an amount of paid time off that meets or exceeds the MO PSL requirements and covered reasons under the same terms and conditions are not required to provide additional paid time off. NOTE: Employers are free to adopt paid time off policies that are more generous than the MO PSL requirements. |
Successor Employers/Transfers |
Employees of successor employers must retain and be able to use their MO PSL accrued while employed by the original employer. Employers who are transferred to a separate division, entity, or location, but remain employed by the same employer, must retain and be able to use their MO PSL accrued at the prior division, entity, or location. |
Collective Bargaining Agreements |
Employees covered under a valid collective bargaining agreement in effect on November 5, 2024 are exempt from MO PSL requirements until the agreement’s expiration date. MO PSL requirements will apply once the agreement is renewed, extended, amended, or modified after November 5, 2024. |
Retaliation Prohibited |
Employers are prohibited from retaliating against employees for exercising their rights under MO PSL, including requesting or using MO PSL time. Employers are also prohibited from counting MO PSL absences against employees that may result in discipline, discharge, demotion, suspension, or any other adverse employment action. |
Enforcement |
Employees may file complaints with the Missouri Department of Labor and Industrial Relations against their employers for alleged violations of MO PSL. Employees also may file civil suits against their employers within three years for alleged MO PSL violations. Employers who fail to comply with MO PSL requirements may be subject to administrative actions, fines, and even potential criminal liability for willful violations. |
Required Notice & Posting |
Employers must provide a written notice detailing an employee’s rights and protections under MO PSL law by April 15, 2025, or within 14 days of an employee’s date of hire, whichever is later. This written notice must be on a single piece of paper, at least 8.5 X 11, in no less than 14-point font. Employers must also display a poster containing the same information as the written notice above by April 15, 2025. The poster must be conspicuously posted in a place accessible to employees. The Missouri Department of Labor and Industrial Relations is expected to publish model notices and posters in advance of this April 15, 2025 deadline. |
Employers with employees working in Missouri should take note of these upcoming MO PSL requirements that will be effective on May 1, 2025.
As the May 1, 2025 effective date approaches, employers with Missouri-based employees should begin consulting with their employment and labor counsel to ensure compliance with the following items:
As the paid leave landscape around the country continues to rapidly change and evolve, Risk Strategies is committed to informing employers of the latest developments. Contact your Risk Strategies account team with any questions or contact us directly here.
[1] Proposition A also included an amendment to increase the minimum wage in Missouri in 2025 and 2026, which voters approved as well.