In November, Missouri voters passed proposition A, creating a new requirement that nearly all private employers provide their employees with paid sick leave.
Many employers currently have “paid time off” policies which may comply with the new law. To satisfy the requirements of the law, these existing paid time off policies must meet or exceed the following requirements.
- The policy must grant a minimum of one unrestricted hour of “earned paid sick time” per every 30 hours of work for every employee, regardless of status, whether full- or part-time, exempt or non-exempt.
- For employers with less than 15 employees, the policy must permit 40 hours of earned paid sick time to be used per year.
- For employers with 15 or more employees, the policy must permit 56 hours of earned paid sick time to be used per year.
- The policy must allow rollover of 80 hours of earned sick time per year or must pay out any earned but unused paid sick time at the end of each year.
- The policy must be broad enough to permit the earned paid sick time be used in compliance with the new law. Allowing leave for FMLA compliant purposes is not sufficient, as the new sick leave law requires that employees provide earned paid sick time for the personal health needs of the employee as well as the health needs of a family members, dependents, and other individuals. The scope of persons covered by Missouri’s sick leave law is broader than that covered by FMLA.
An employer who is not yet complaint must have a policy in place and distributed to employees by April 15, 2025, with an effective date of May 1, 2025. In preparation, you should review any existing policies and amend them as necessary, creating and implementing a new policy if one does not exist, and confirm that you have systems and protocols in place to track hours worked.
The attorneys at Paule, Camazine & Blumenthal can answer your questions about paid time off.
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