On November 5, voters in Missouri overwhelmingly passed Proposition A, a significant referendum that mandates paid sick leave for employees across the state. Starting May 1, 2025, Missouri will join the growing number of states requiring employers to provide paid sick leave to their workforce.
Broad Coverage with Limited Exceptions
The newly enacted law applies to all private employers in Missouri, regardless of the size of their workforce. However, certain categories are excluded from this requirement. Employees of interstate railroad carriers, local newspapers with a circulation below 4,000, and retail or service businesses generating less than $500,000 in annual gross sales are not covered. Despite a few exceptions—such as temporary camp workers, casual babysitters, and specific nonprofit volunteers—the law ensures that nearly all employees working for private employers in Missouri will be entitled to earn and utilize paid sick leave.
Accrual and Carryover of Paid Sick Leave
Eligible employees will begin accruing paid sick leave on either May 1, 2025, or their hire date, whichever comes later. Employees will earn one hour of paid sick leave for every thirty hours worked. For those exempt from overtime under the Fair Labor Standards Act (FLSA) as executive, professional, or administrative employees, accrual will be calculated based on a presumed 40-hour workweek unless their normal schedule is shorter.
Employers are required to allow eligible employees to carry over up to 80 accrued but unused hours of paid sick leave into the next year. Alternatively, employers may opt to pay out these unused hours at the end of each year. Importantly, the law does not require employers to compensate employees for any unused sick leave upon separation from employment.
Usage of Paid Sick Leave
While there is no cap on the total hours of paid sick leave an employee can accrue, there are limits on how much can be used each year:
Employees working for employers with 15 or more staff may use up to 56 hours of paid sick leave annually.
Employees at smaller businesses with fewer than 15 employees may use up to 40 hours per year.
Eligible employees can utilize their accrued paid sick time for various reasons, including personal or family health needs (such as illness or preventive care), public health emergencies that cause workplace closures or school shutdowns for children, and situations related to domestic violence or sexual assault.
Notification and Policy Requirements
Employers must inform their employees about their paid sick leave benefits by April 15, 2025, or within 14 calendar days from the employee’s start date—whichever is later. Additionally, a poster detailing this information must be prominently displayed in the workplace.
Employers are permitted to implement policies requiring employees to:
- Provide advance notice for foreseeable absences.
- Follow established procedures for unexpected sick leave.
- Submit reasonable documentation for absences exceeding three consecutive workdays.
Any health-related documents received by employers regarding an employee or their family members must be kept confidential.
Protections Against Retaliation
The new law includes strong protections against interference and retaliation concerning the use of paid sick leave. Employees who believe their rights have been violated can file civil claims within three years of the alleged infringement. Successful claimants may be entitled to unpaid earned sick time, actual damages, liquidated damages, injunctive relief, reinstatement, and reimbursement for attorney fees.
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