Missouri voters approved Proposition A, enacting the Missouri paid sick leave law, a new statewide paid sick leave policy that takes effect on May 1, 2025, unless legal challenges or certification issues arise.
This new law covers all private employers in Missouri. However, it excludes certain employees, such as those working in educational, charitable, religious, or nonprofit organizations; employees acting in loco parentis to foster children; employees in retail or service businesses with annual gross sales under $500,000; and incarcerated criminal offenders.
The law sets minimum requirements for earned paid sick time. Employers with existing paid leave policies that meet these minimums do not have to offer additional time off. Still, all employers—even those with generous paid leave—should carefully review the law’s requirements on notice, documentation, and carryover or payout rules.
What Does This Mean for You?
Starting May 1, 2025, eligible employees will earn at least one hour of paid sick leave for every 30 hours worked. Employers with 15 or more employees may limit usage to 56 hours annually. Smaller employers may limit usage to 40 hours per year.
By year-end, employers must allow employees to carry over up to 80 hours of unused earned paid sick time to the next year. Employers who choose carryover may still limit employees to the annual usage caps. Alternatively, employers may pay employees for unused paid sick time. Employers who pay out unused leave instead of allowing carryover must provide employees with enough paid sick time at the start of the new year to meet or exceed legal requirements.
Eligible Uses of Earned Paid Sick Time Include:
- Employee’s mental or physical illness, injury, or health condition, including diagnosis, treatment, and preventative care.
- Care for a family member with a mental or physical illness, injury, or health condition, including diagnosis, treatment, and preventative care.
- Closure of the employee’s workplace due to a public health emergency, or care for a child whose school or care facility has closed for the same reason, or care for oneself or a family member exposed to a communicable disease.
- Absence due to domestic violence, sexual assault, or stalking, when the leave helps the employee or family member obtain medical attention, victim services, counseling, relocation, or legal help.
Employers must provide written notice about the Missouri paid sick leave law within 14 calendar days after an employee starts or by April 15, 2025, whichever comes later. The Missouri Department of Labor and Industrial Relations will publish a model notice and poster on their website.
Employees should request paid sick leave in a way that the employer accepts, whether orally, in writing, electronically, or otherwise, including the expected length of absence when possible.
Employer Responsibilities:
- Employers can require employees to give reasonable notice for foreseeable leave and to schedule leave to avoid disrupting operations.
- Employees must provide notice as soon as possible for unforeseeable leave.
- For absences lasting three or more consecutive workdays, employers may request reasonable documentation to confirm the leave’s necessity. A written statement affirming the qualifying reason often suffices.
- Employers cannot demand details about the illness or personal circumstances, nor require employees to find a replacement during their absence.
- Paid sick leave may be used in the smallest increments the payroll system records.
- Employers must keep records of hours worked and earned paid sick leave for at least three years. The Missouri Department of Labor and Industrial Relations can review these records.
- Employers must keep any health or safety information confidential, except when law requires disclosure.
We recommend consulting your attorney, CPA, or industry professional for additional guidance.
How Can We Help?
To track and pay this leave, please use the SICK pay code. Madison Resources’ systems will accrue earned leave according to the Missouri paid sick leave law for employees working in Missouri. You can view available paid sick leave balances in our online reporting system, MOS. Contact your payroll specialist with any questions.
Have Questions?
To read the Missouri Paid Sick Leave Legislation:
https://revisor.mo.gov/main/OneSection.aspx?section=290.603&bid=54969&hl=
To access the FAQ’s:
https://labor.mo.gov/dls/proposition-a-paid-sick-time-benefits-faqs
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