Paid Sick Leave: Missouri
Federal law and guidance on this subject should be reviewed together with this section.
Author: Michelle Barrett Falconer and Susie Wine, Littler
Summary
- An eligible employee is entitled to paid sick and safe leave for certain qualifying reasons. See Paid Sick Leave.
- Ensure that practices and policies comply with applicable paid sick leave requirements. See Key Compliance Steps.
Paid Sick Leave
Note: Proposed legislation that would repeal the paid sick leave provisions of Proposition A is currently before the Missouri Senate. We are monitoring the bill and will update the HR & Compliance Center if a development occurs.
Missouri employers must provide paid sick and safe leave to eligible employees. The amount of leave varies according to the employer's size. Proposition A.
Employer Coverage
An employer means any individual, partnership, association, corporation, business, business trust, legal representative or organized group of persons acting directly or indirectly in the interest of an employer in relation to an employee. An employer does not include:
- The US government;
- The state; or
- A political subdivision of the state, including a department, agency, officer, bureau, division, board, commission or instrumentality of the state, or a city, county, town, village, school district or public higher education institution.
An employer with 15 or more employees must provide up to 56 hours of earned paid sick time per year, while an employer with fewer than 15 employees must provide up to 40 hours per year.
To determine an employer's size, all employees performing paid work in Missouri on a full-time, part-time or temporary basis must be counted.
If the number of employees fluctuates above and below 15 per week during the year, the employer must provide up to 56 hours of earned paid sick time if it maintained 15 or more employees in the state on the payroll for some portion of a working day in each of 20 or more different calendar weeks, including periods of leave, in either the current or preceding year, regardless of whether or not the weeks were consecutive or whether the same individuals were employed in each working day.
+§ 290.603 R.S.Mo.(1-3).
Employee Eligibility
An employee means any individual employed in Missouri by an employer. An employee does not include:
- Nonemployees or volunteers engaged in the activities of an educational, charitable, religious or nonprofit organization;
- Individuals standing in loco parentis to foster children in their care;
- Individuals employed for less than four months in any year in a resident or day camp for children or youth, or individuals employed by an educational conference center operated by an educational, charitable or not-for-profit organization;
- Individuals engaged in the activities of an educational organization where employment is in lieu of the individual paying tuition, housing or other educational fees or where the individual's earnings are credited toward the payment of tuition, housing or other educational fees;
- Individuals employed on or about a private residence on an occasional basis for six hours or less on each occasion;
- Babysitters employed on a casual basis;
- Individuals employed by certain rail carriers;
- Individuals employed on a casual or intermittent basis as a golf caddy, newspaper carrier, or in a similar occupation;
- Public elected officeholders or their personal staff members;
- Employees of a retail or service business whose annual gross volume sales made or business done is less than $500,000;
- Prisoners, including those who provide labor or services at the correctional facility; and
- Employees connected with the publication of any weekly, semiweekly or daily newspaper with a circulation of less than 4,000, the majority of which is within the county where published or contiguous counties.
The law does not apply to employees covered by a valid collective bargaining agreement in effect on November 5, 2024, until the agreement expires. However, the law will apply upon the agreement's renewal, extension, amendment or modification in any respect after November 5, 2024. +§ 290.633 R.S.Mo.(1).
Qualifying Reasons for Leave
An employee may use earned paid sick time for any of the following reasons:
- The employee's or a family member's mental or physical illness, injury or health condition; need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; or need for preventative medical care;
- Closure of the employee's place of business or a child's school or place of care by order of a public official due to a public health emergency;
- A determination by health authorities having jurisdiction or by a health care provider that the employee's or a family member's presence in the community may jeopardize the health of others because of their exposure to a communicable disease, whether or not the employee or family member has actually contracted the disease; and
- The employee or a family member is a victim or domestic violence, sexual assault or stalking, and needs to:
- Obtain medical attention to recover from a physical or psychological injury or disability caused by domestic violence, sexual assault or stalking;
- Obtain services from a victim services organization;
- Obtain psychological or other counseling;
- Relocate or take other steps to secure an existing home; or
- Obtain legal services, including preparing for or participating in a civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault or stalking.
A family member means:
- A spouse, a registered domestic partner or an individual with whom the employee is in a continuing social relationship of a romantic or intimate nature;
- A child, regardless of age (including a biological, adopted, foster or stepchild; a legal ward; a child of a domestic partner; a child to whom the employee stands in loco parentis; and an individual to whom the employee stood in loco parentis when the individual was a minor);
- A parent (including a biological, adoptive, foster or stepparent; a legal guardian; a person who stood in loco parentis when the employee was a minor; a parent of a spouse or domestic partner);
- A grandparent (including a biological, adoptive, foster or step grandparent; and a grandparent of a spouse or domestic partner);
- A grandchild (including a biological, adopted, foster or step grandchild; and a grandchild of a spouse or domestic partner);
- A sibling (including a biological, adopted, foster or stepsibling; and a sibling of a spouse or domestic partner); and
- A person for whom the employee is responsible for providing or arranging health or safety-related care (e.g., helping the person obtain diagnostic, preventative, routine or therapeutic health treatment; ensuring the person is safe following domestic violence, sexual assault or stalking).
Accrual, Use and Carryover of Leave
Accrual
Employees accrue one hour of paid sick time for every 30 hours worked when employment begins or May 1, 2025, whichever is later.
Overtime-exempt employees are presumed to work 40 hours each week for accrual purposes. If an employee's normal workweek is fewer than 40 hours, then accrual is based on that normal workweek.
At its discretion, an employer may loan paid sick leave to an employee in advance of accrual.
Use
Employees may use earned paid sick time as it is accrued. The maximum amount of sick leave that an employee may use in a year depends on the employer's size (although an employer may select a higher limit):
- Fewer than 15 employees: 40 hours; and
- 15 or more employees: 56 hours.
+§ 290.603 R.S.Mo.(1, 2, 4).
A year means a regular and consecutive 12-month period as determined by the employer. +§ 290.600 R.S.Mo.
Sick leave may be used in the smaller of hourly increments or the smallest increment that the employer's payroll system uses to account for absences or use of other time.
An employer may not condition the use of sick leave on an employee searching for or finding a replacement worker to cover the hours during which the employee uses sick leave.
+§ 290.606 R.S.Mo.(5-6).
Carryover
An employee may carry over up to 80 hours of unused accrued paid sick leave to the following year, but an employer may limit use to 40 or 56 hours per year (depending on the employer's size).
Instead of allowing unused sick time to carry over from year to year, an employer may instead pay an employee for the unused time at the end of the year and provide the employee with an amount of earned paid sick time that meets or exceeds the law's requirements that is available for the employee's immediate use at the beginning of the subsequent year. See Frontloading; Compensation and Benefits.
Frontloading
Instead of allowing employees to accrue paid sick leave based on the number of hours worked, an employer may choose to frontload sick leave by providing all earned paid sick time that the employee is expected to accrue in a year at the beginning of the year. Carryover of unused leave is not required if an employer pays out the unused leave at the end of the year. +§ 290.603 R.S.Mo.(4).
Compensation and Benefits
An employer must compensate earned sick leave at the same hourly rate and with the same benefits (including health care benefits) as the employee normally earns during hours worked. The hourly amount may not be less than the applicable state minimum wage. +§ 290.600 R.S.Mo.(4).
The same hourly rate is defined as follows:
- For employees paid a single hourly rate, the rate is the employee's regularly hourly rate.
- For employees paid multiple hourly rates for the same employer, the rate is either:
- The wages the employee would have been paid for the hours taken as sick leave, had the employee worked; or
- The weighted average of all hourly rates of pay during the previous pay period.
The employer must use a consistent method for each employee throughout the year.
- For salaried employees, the rate is determined by dividing the employee's wages earned in the previous pay period by the total number of hours worked in the previous pay period. For determining the total number of hours worked, overtime-exempt employees are assumed to work 40 hours each week. If their normal workweek is less than 40 hours, then the hourly rate is calculated based on their normal workweek.
- For employees paid on a piece rate or fee-for-service basis, the rate is a reasonable calculation of the wages or fees the employee would have received if they had worked.
- For employees paid on a commission basis (whether base wage plus commission or commission only), the rate is the greater of:
- The employee' s base wage; or
- The state minimum wage.
- For employees who receive gratuities in addition to wages, the rate is the greater of:
- The employee's regular hourly rate; or
- 100% of the state minimum wage (without deduction of any tips as a credit).
+§ 290.600 R.S.Mo.(11).
Changes in Employment
An employer is not required to pay out unused accrued sick time upon an employee's termination, resignation, retirement or other separation from employment.
If an employee is rehired within nine months of the separation, previously accrued but unused sick time must be reinstated. In addition, the employee is entitled to use that time, and accrue additional paid sick time, when employment begins again.
An employee who is transferred to a separate division, entity or location is entitled to use all earned paid sick time accrued at the prior division, entity or location.
When one employer succeeds or takes the place of another, the employees of the original employer who remain employed by the successor employer are entitled to retain and use all earned paid sick time accrued with the original employer.
+§ 290.603 R.S.Mo.(4, 6).
Employee Notice Requirements
An employee may request to use earned paid sick time orally, in writing, by electronic means or by any other method the employer deems acceptable. The employee should indicate the expected duration of the absence when possible.
If the need to use paid sick leave is foreseeable (e.g., scheduled doctor's visit or regularly occurring medical treatment), the employee must make a good-faith effort to provide advance notice to the employer and make a reasonable effort to schedule the leave in a manner that does not unduly disrupt the employer's operations.
If the need for the leave is unforeseeable (e.g., unexpected illness), an employer may require an employee to give notice as soon as practicable. However, the employer must provide a written policy that contains procedures for employees to provide notice. An employer that fails to provide a copy of the policy to an employee may not deny earned paid sick time to the employee based on noncompliance with the policy.
+§ 290.606 R.S.Mo.(2-4).
Employee Documentation Requirements
For absences of three or more consecutive workdays, an employer may require reasonable documentation that sick leave was used for a qualifying reason. Documentation signed by a health care professional (e.g., doctor, nurse, certified nurse midwife, mental health professional, emergency room personnel) indicating that sick time is necessary is considered reasonable.
For absences due to domestic violence, sexual assault or stalking, reasonable documentation includes:
- A police report indicating that the employee or their family member is a victim of domestic violence, sexual assault or stalking;
- A written statement from an employee or agent of a victim service provider affirming that the employee or a family member was receiving services from the provider;
- Documentation signed by a health care professional from whom the employee or a family member sought assistance relating to domestic violence, sexual assault or stalking or their effects;
- A court document indicating that the employee or a family member is or was involved in a legal action related to domestic violence, sexual assault or stalking; or
- An employee's written statement affirming that the employee or a family member is taking or took earned paid sick time for a qualifying reason.
An employer may not require that documentation explain the nature of the illness, details of the underlying health needs or details of the domestic violence, sexual assault or stalking, unless otherwise required by law.
+§ 290.606 R.S.Mo.(7); +§ 290.600 R.S.Mo.(8).
Employer Notice and Posting Requirements
Employers must give written notice to employees on April 15, 2025, or within 14 calendar days of employment beginning, whichever is later. The notice must be on a single piece of paper, at least 8.5" x 11" and in no less than 14-point font. It must include the following information:
- Beginning May 1, 2025, employees accrue and are entitled to earned paid sick time at the rate of one hour of leave for every 30 hours worked, and may use earned paid sick time, subject to the law's limits and terms;
- An employer is prohibited from taking retaliatory personnel action against employees who request or use earned paid sick time as allowed by law;
- Each employee has the right to bring a civil action if the employer denies earned paid sick time or subjects the employee to retaliatory personnel action for exercising rights under the law; and
- Contact information for the Department of Labor and Industrial Relations.
Beginning April 15, 2025, employers must display a poster that contains the above information in a conspicuous and accessible place in each establishment where employees are employed.
The Department provides both a notice and poster.
Recordkeeping Requirements
An employer must maintain records for at least three calendar years of employees':
- Hours worked; and
- Earned paid sick time taken.
The employer must allow the Department to access the records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the law.
The records must be open for inspection by the Director of the Department by appointment. Records kept outside of Missouri must be made available upon demand. Such employers must provide to the Director on demand a sworn statement of time records and information on forms prescribed or approved by the Director.
Confidentiality
An employer may not require disclosure of details relating to an employee's or a family member's health information, domestic violence, sexual assault or stalking as a condition of providing earned paid sick time, except as otherwise required by law.
In addition, unless otherwise required by law, any health or safety information possessed by an employer regarding an employee or their family member must:
- Be maintained on a separate form and in a separate file from other personnel information;
- Be treated as confidential medical records; and
- Not be disclosed except to the effected employee or with the employee's express written permission.
Prohibited Actions
The law prohibits an employer from:
- Interfering with, restraining or denying the exercise of, or attempt to exercise, any right protected by the law;
- Taking retaliatory personnel action or discriminating against a current or former employee because they have exercised a protected right, including:
- Requesting or using earned paid sick time;
- Filing a complaint or informing any person about any employer's alleged violation of the law;
- Participating in an investigation, hearing or proceeding or cooperating with or assisting the Department in an investigation of alleged violations of the law; and
- Informing any person of potential rights under the law; and
- Counting the use of earned paid sick time under the employer's absence control policy as an absence that may lead to or result in discipline, termination, demotion, suspension or any other adverse action.
These protections apply to any person who mistakenly but in good faith alleges violations of the law.
Retaliatory personnel action includes:
- The denial of any right guaranteed under the law;
- Any threat, termination, suspension, demotion, reduction of hours or other adverse employment action against an employee for exercising any right guaranteed under the law; and
- Interference with or punishment for participating in or assisting an investigation, proceeding or hearing.
Enforcement and Penalties
The Department may investigate and ascertain compliance with the law. The Department may recover unpaid earned sick time and impose fines for willful violations of up to $500 per day of each day of a continuing violation. +§ 290.621 R.S.Mo.
An employer that willfully violates or fails to comply with the law is guilty of a class C misdemeanor, except an employer that willfully violates notice and posting requirements is guilty of an infraction. Each day of violation or failure to comply and each affected employee constitute a separate offense. +§ 290.624 R.S.Mo.
An employee may file a civil action within three calendar years of the accrual of the cause of action. An action may be brought without first filing an administrative complaint. If a violation has occurred, the court may grant appropriate relief, such as:
- A permanent or temporary injunction;
- The full amount of any unpaid earned sick time plus actual damages suffered;
- Liquidated damages, equal to twice any unpaid earned sick time;
- Costs;
- Reasonable attorney fees;
- Reinstatement; and
- Back pay.
Interaction With Other Laws and Policies
The law does not diminish an employer's obligation to comply with any contract, collective bargaining agreement, employment benefit plan or other agreement providing more generous paid sick time than required by law. +§ 290.636 R.S.Mo.(2).
The law provides minimum requirements pertaining to earned paid sick time and does not preempt, limit or otherwise affect the applicability of any other law, regulation, requirement, policy or standard that provides for greater accrual or use of earned paid sick time or that extends other protections to employees. +§ 290.639 R.S.Mo.(1).
Paid Time Off Policies
An employer with a paid leave policy, such as a paid time off (PTO) policy, that allows a sufficient amount of leave that meets the law's accrual requirements and that may be used for the same reasons and under the same conditions, is not required to provide additional paid sick leave under the law. +§ 290.603 R.S.Mo.(5).
The law does not discourage or prohibit an employer from adopting or retaining an earned paid sick time policy that is more generous than the law requires. +§ 290.636 R.S.Mo.(1).
Collective Bargaining Agreements
The law does not interfere with, impede or otherwise diminish the right of employees to bargain collectively through representatives of their choosing to establish earned paid sick time or other work conditions in excess of the law's applicable standards.
Any waiver of earned paid sick time rights by an employee is contrary to public policy and will be void.
+§ 290.633 R.S.Mo.(2-3).
Key Compliance Steps
Ensure that practices and policies comply with applicable paid sick leave requirements:
- Review and revise, if necessary, the employer's paid sick leave or paid time off (PTO) policy to ensure it meets the law's requirements and the employer's needs (e.g., choosing an accrual policy versus a frontloading policy);
- Review crime victim leave, domestic violence leave and accommodation, and other related policies and revise if there is a conflict with the paid sick leave law;
- If there is a posting requirement, check that the poster is displayed in a conspicuous location(s) that is accessible to all employees, is up-to-date and has not been covered up, damaged or defaced;
- If there is a written notice requirement, check that the notice is being distributed to new and current employees in the required time frame;
- Check that employees are receiving timely notice of any changes to the required poster/notice;
- Audit timekeeping, payroll and benefits systems to ensure they properly calculate, track and detail accrued and used paid sick leave. If a third-party payroll processor is used, ensure it is complying with the law's requirements;
- Train (or retrain) supervisory and managerial employees, as well as HR and payroll, on the law's requirements;
- Provide other information to employees to show the employer's support, such as local community resources for domestic violence victims;
- Remain alert to the various types of leave available and always provide the employee with the greatest benefit required; and
- Track employees' leaves of absence, including:
- The date the leave begins;
- The type of leave; and
- The expected return date.
Future Developments
There are no developments to report at this time. Continue to check HR & Compliance Center regularly for the latest information on this and other topics.