Mandatory paid sick leave set to take effect May 1

Missouri employers are awaiting decisions from the state Supreme Court and state legislature in advance of a May 1 mandated implementation date of paid sick leave, which was approved by voters last year as part of Proposition A.

The ballot issue, which passed with roughly 57.6% of the vote in November, mandates all employees be given one hour of paid sick leave for every 30 hours worked, with enforcement and oversight by the Missouri Department of Labor and Industrial Relations. Governmental entities, political subdivisions, school districts, educational institutions and those who work at businesses with less than $500,000 in annual revenue are among exemptions, according to the secretary of state’s office.

Employers were required to provide written notice to employees of the paid sick time policy by April 15.

Employers with fewer than 15 workers must allow workers to earn at least 40 hours of paid sick leave per year, with larger employers mandated to allow at least 56 hours. Prop A also raised the state’s minimum wage to $13.75 per hour as of Jan. 1, up from $12.30 per hour. It then increases the minimum wage to $15 per hour in 2026, which will again be adjusted each January based on the consumer price index.

As the May 1 deadline approaches, an ongoing lawsuit against the constitutionality of Proposition A brought by the Missouri Chamber of Commerce and Industry, among other state organizations, remains pending. The Missouri Supreme Court heard arguments in the case last month but is yet to render a decision.

“I have no way to predict when or how the court might rule in any particular case,” said Beth Riggert, state Supreme Court communications counsel, via email.

The lawsuit argues Proposition A covers two topics, minimum wage and paid sick leave, while by law ballot issues can only pertain to a single subject. Proponents of the law dispute the ballot issue was misleading or violated the state constitution, adding that overturning the law would deny the will of voters who approved it.

While not involved in the lawsuit, Springfield Area Chamber of Commerce President Matt Morrow said last month the organization remains in opposition to Proposition A, just as it was when the issue was on the ballot. Local chamber officials pointed out challenges specifically with the sick time compliance and enforcement mechanisms.

“We also have heard from a number of employers that accrual methods that are there for it can be really challenging,” Morrow said at a March 26 media roundtable discussion, adding the hourly provision is another concern businesses have voiced to the chamber.

Additionally, through House Bill 567, state legislators are seeking to repeal the sick leave requirement and keep the minimum wage from being annually adjusted in line with inflation in the future. The bill, which was passed in March by the House of Representatives in a 96-51 vote, is yet to be debated on the Senate floor.

Amid the court and legislative debates, employers should currently proceed with the May 1 paid sick leave effective date in mind, according to Anita King, learning and development adviser with HR Advantage LLC.

She said her company held a couple informational sessions over Zoom in late February to review Proposition A for those with questions.

“The main headache is really just if it’s happening or not, because so many of our businesses are going to have to pivot with the wording in their policy or their entire policy, or how they’re allocating the time off,” King said. “With things kind of still up in the air, people are just a little uneasy about what next steps are.”

King said the recommendation to employers is to stay the course, which includes posting information in the workplace about the pending paid sick leave policy.

“What we don’t want is for people to not be compliant because they’re waiting,” she said. “We’re really just encouraging our clients and anyone that calls us to go ahead because as of right now, everything’s on course for May 1.”

HR Advantage has done policy reviews with clients over the past couple months, making some amendments to wording where deemed necessary or including a paid sick leave component, King said.

“But the majority of our clients are not putting those in effect just yet,” she said. “They’re waiting until May 1 to see what rolls around.”