Opinion: Understanding Missouri’s new paid sick leave law

Lynne Haggerman

Proposition A has passed in Missouri, requiring most employers to implement a paid sick leave plan by May 1, 2025.

Paid sick leave must be accrued at a rate of one hour for every 30 hours worked. There is no maximum amount of sick leave that may be accrued. However, companies with 15 or more staff may restrict use of paid sick leave to 56 hours per year, per person. Those with less than 15 workers may enforce a 40-hour annual limit.

Team members must be permitted to carry over at least 80 hours of unused sick leave from year to year. Paid sick leave may be frontloaded at the start of the year by offering the full allotment of leave upfront versus accruing over time. However, if frontloading is selected, any unused sick leave must be paid out at the end of the year. Unused leave may not be carried over.

Paid sick leave may be utilized for four reasons. First, the associate’s own mental or physical illness, injury or health condition; need for medical diagnosis, care or treatment; or need for preventive medical care. Second, care of a family member who has a mental or physical illness, injury or health condition; needs a medical diagnosis; or needs preventative medical care. Third, absence necessary due to domestic violence, sexual assault or stalking, if the leave is for medical attention due to physical or psychological injury. The absence may also include counseling, relocation, services from a victim services organization or legal services for the laborer or family member. Fourth, the closure of the individual’s employer by order of a public official due to a public health emergency; the need to care for a child whose school or place of care has been closed by order of a public health official; or the need to care for oneself or a family member when health authorities determine the presence of the individual in the community may jeopardize the health of others due to exposure to a communicable disease.

The definition of family member consists of the following categories. First, a biological, adopted or foster child, stepchild, legal ward, child of a domestic partner or child to whom the employee stands in loco parentis or stood in loco parentis when the child was a minor, regardless of age. Second, a biological, foster, step or adoptive parent or legal guardian of the staff member or the worker’s spouse/domestic partner. Third, a person who stood in loco parentis to the team member or the associate’s spouse/domestic partner when they were a minor child. Fourth, a legal spouse, domestic partner or person with whom the laborer is in a continuing social relationship or romantic/intimate nature. Fifth, a grandparent, grandchild or sibling, whether adoptive, foster, step or biological of the employee, staff member’s spouse or domestic partner. Sixth, a person for whom the worker is responsible for providing or coordinating health or safety-related care.

If a current PTO or other time off policy enables sufficient time off to meet the minimum requirements of the new law, the policy may remain. If not, the existing policy must be changed to meet the accrual rate and allowed use requirements under the law.

Coverage is not based on employee headcount. In general, the law does not apply to babysitters; newsboys; railroaders; golf caddies; incarcerated persons; certain government employees; volunteers of nonprofits; certain publication/newspaper employees, individuals working for charitable, religious or nonprofit organizations; those who stand in loco parentis to foster children in their care; workers in retail or service businesses with yearly revenues of under $500,000; those who offer educational services in lieu of tuition, housing or educational fees; team members employed at a private residence on an occasional basis for six hours or less; and seasonal associates at overnight and day camps for children and youth who are employees less than four months per year.

If a corporation fails to provide the paid sick leave time the employee is entitled to or retaliates against a staff member for exercising rights under the law, a court may impose penalties. For example, the amount of paid sick leave may be doubled and the firm required to pay employee attorney fees.

Begin preparing or revising policies to reflect the new paid sick leave benefit and contact legal counsel if questions arise.

Lynne Haggerman holds a master of science in industrial organizational psychology and is president/owner of Lynne Haggerman & Associates LLC, specializing in management training, retained search, outplacement and human resource consulting. She can be reached at lynne@lynnehaggerman.com.