Understanding Employee Leave Laws in Missouri

As an employer in Missouri, it's crucial to understand the various types of leave available to your employees, as failing to provide the required leave can lead to legal issues and negatively impact employee morale. In this article, we'll provide an overview of the key employee leave laws in Missouri, including the recently passed Victims Economic Safety and Security Act (VESSA), and discuss how these laws may affect your business.

Overview of Employee Leave Laws in Missouri

Missouri has several laws that provide employees with the right to take time off work for various reasons. These include:

Family and Medical Leave Act (FMLA): This federal law applies to employers with 50 or more employees and provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons.
Victims Economic Safety and Security Act (VESSA): Effective August 28, 2023, this state law requires employers with at least 20 employees to provide unpaid leave for employees who are victims of domestic or sexual violence, or have family or household members who are victims of such violence. The amount of leave varies based on the employer's size, ranging from one to two weeks per year.
Military Leave: Under state law, employees who are members of the National Guard or any reserve component of the U.S. armed forces are entitled to leaves of absence for military service, without loss of pay or benefits, for up to 120 work hours in any federal fiscal year.
Jury Duty Leave: Employers are prohibited from disciplining, threatening, or taking adverse action against employees who are summoned for jury duty. Employers are not required to pay employees for time spent on jury duty, but many choose to do so.
Voting Leave: Employers must provide employees with up to three hours of paid time off to vote in any election, unless the employee has three consecutive non-working hours while the polls are open.

In addition to these state-mandated leaves, many employers in Missouri offer other types of leave as part of their benefits packages, such as paid time off (PTO), sick leave, and bereavement leave. While not required by law, these additional leave options can help attract and retain talented employees.

Family and Medical Leave Act (FMLA) in Missouri

The FMLA is a key component of employee leave laws in Missouri, providing eligible employees with up to 12 weeks of unpaid, job-protected leave per year. To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months, logged at least 1,250 hours of service during the 12 months prior to the start of the leave, and work at a location where the employer has at least 50 employees within 75 miles.

Employees may take FMLA leave for the following reasons:

Birth or adoption of a child: Employees can take leave to bond with a newborn or newly adopted child within one year of the birth or placement.
Serious health condition of the employee: If an employee has a serious health condition that renders them unable to perform their job functions, they may take FMLA leave.
Care for a family member with a serious health condition: Employees can take leave to care for a spouse, child, or parent with a serious health condition.
Military family leave: FMLA also provides specific protections for military families, allowing employees to take leave for qualifying exigencies related to a family member's military deployment or to care for a family member who is a covered servicemember with a serious injury or illness.

During FMLA leave, employers must maintain the employee's group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Upon return from FMLA leave, employees must be restored to their original or an equivalent position with equivalent pay, benefits, and other employment terms.

Employers covered by the FMLA in Missouri must provide employees with notice of their FMLA rights and responsibilities, maintain records related to FMLA leave, and refrain from discriminating or retaliating against employees for exercising their FMLA rights. Employers may require employees to provide certification supporting their need for FMLA leave, but must follow specific rules when doing so.

Missouri's Earned Paid Sick Time Proposal for 2024

In addition to existing employee leave laws in Missouri, such as the FMLA and VESSA, Missouri voters will have the opportunity to decide on Proposition A, which would require employers to provide eligible employees with earned paid sick time (PST). If passed, this law would significantly impact employers and employees across the state.

Under the proposed PST law, employees would accrue one hour of PST for every 30 hours worked, beginning on May 1, 2025, or their first day of employment, whichever is later. Employers with 15 or more employees could limit an employee's use of PST to 56 hours per year, while employers with fewer than 15 employees could limit PST use to 40 hours per year. Unused PST would carry over from year to year, with employers required to allow employees to carry over at least 80 hours of unused PST.

Employees would be able to use PST for various reasons, including:

Personal health: For the employee's own physical or mental illness, injury, or health condition, as well as for preventive medical care.
Family care: To care for a family member with a physical or mental illness, injury, or health condition, or who needs preventive medical care.
Public health emergencies: In the event of a business closure or a child's school or place of care closure due to a public health emergency, or to care for oneself or a family member whose presence in the community may jeopardize others' health due to exposure to a communicable disease.
Safe leave: To allow the employee or a family member to seek medical attention, victim services, counseling, relocation, or legal services due to domestic violence, sexual assault, or stalking.

The proposed PST law defines "family member" more broadly than the FMLA, including children of any age, parents, spouses, domestic partners, grandparents, grandchildren, siblings, and any person for whom the employee is responsible for providing or arranging health or safety-related care.

Employers would be required to provide employees with notice of their PST rights and display a poster with information about the law. Employers would also be prohibited from retaliating against employees who request or use PST, and employees would have the right to bring a civil action against employers who violate the law.

Leave for Victims of Domestic Violence in Missouri

In addition to the FMLA and the proposed PST law, Missouri has another important employee leave law that employers must be aware of: the Victims Economic Safety and Security Act (VESSA). This law, which went into effect on August 28, 2023, provides unpaid leave for employees who are victims of domestic or sexual violence, or who have family or household members who are victims of such violence.

Under VESSA, covered employers must provide eligible employees with the following amounts of unpaid leave per year:

1-19 employees: No leave entitlement
20-49 employees: 1 week of unpaid leave
50 or more employees: 2 weeks of unpaid leave

Employees may take VESSA leave for various reasons related to domestic or sexual violence, including:

Seeking medical attention or counseling for physical or psychological injuries
Obtaining victim services
Participating in safety planning or relocating to a safer living space
Pursuing legal remedies to ensure the health and safety of the employee or their family or household member

Employers must also provide reasonable safety accommodations to employees affected by domestic or sexual violence, unless doing so would impose an undue hardship on the employer's operations. Examples of safety accommodations include adjusting job structures, modifying work schedules, and making changes to the work facility to enhance safety.

Employers covered by VESSA must notify current employees of their rights under the law by October 27, 2023, or upon commencement of employment for future employees. While there is no specific penalty for failing to provide this notice, compliance is straightforward and can be achieved through electronic communication.

To ensure compliance with VESSA and other employee leave laws in Missouri, employers should:

Update their leave policies to include VESSA leave and safety accommodations
Train supervisors and HR staff on identifying situations that may trigger VESSA obligations
Provide the required notice to current and future employees
Maintain confidentiality regarding an employee's request for or use of VESSA leave or accommodations

By understanding and adhering to VESSA and other employee leave laws in Missouri, employers can create a supportive work environment, minimize legal risks, and demonstrate their commitment to employee well-being.

Military Leave Entitlements in Missouri

In addition to the FMLA, VESSA, and the proposed PST law, employee leave laws in Missouri also provide protections for employees who serve in the military. Under state law, employees who are members of the National Guard or any reserve component of the U.S. armed forces are entitled to leaves of absence for military service without loss of pay, benefits, or other rights.

Key aspects of military leave entitlements in Missouri include:

Duration of leave: Eligible employees may take up to 120 work hours of military leave in any federal fiscal year. This leave is in addition to any other leave provided by state or federal law.
Pay and benefits: Employees on military leave are entitled to their regular pay and benefits during the leave period. Employers may not require employees to use accrued vacation, personal, or sick leave for military service.
Job protection: Upon return from military leave, employees must be restored to their original position or a position with equivalent seniority, status, and pay. Employers may not discriminate or retaliate against employees for taking military leave.

To be eligible for military leave under Missouri law, employees must provide their employer with a copy of their military orders or other official documentation confirming their need for leave. Employers may require employees to provide such documentation in advance of the leave, when possible.

Employers in Missouri should be aware of their obligations regarding military leave and ensure that their policies and practices comply with state law. This includes:

Providing eligible employees with the required amount of military leave
Maintaining employees' pay and benefits during military leave
Restoring employees to their original or equivalent position upon return from leave
Refraining from discriminating or retaliating against employees for taking military leave

By understanding and adhering to military leave entitlements and other employee leave laws in Missouri, employers can support their employees who serve in the military, minimize legal risks, and foster a positive work environment.

Bereavement Leave in Missouri

While no federal law requires employers to provide bereavement leave, many employers choose to offer this benefit to support employees during difficult times. In Missouri, state employees are entitled to bereavement leave, but the availability of this leave in the private sector varies by employer.

Under Missouri law, state employees are granted up to five consecutive workdays of bereavement leave for the death of an immediate family member, including:

Spouse
Child
Parent
Sibling
Grandparent
Grandchild

State employees are also entitled to bereavement leave for the death of a spouse's immediate family member or a member of the employee's household. The appointing authority makes the final decision regarding the applicability and length of bereavement leave for state employees.

In the private sector, bereavement leave policies are at the discretion of the employer. While not required by law, many employers in Missouri choose to offer bereavement leave as part of their employee benefits package. The duration of leave and the relationships covered vary by employer, but common practices include:

Duration: Employers typically provide between one and five days of bereavement leave, depending on the employee's relationship to the deceased.
Covered relationships: Most policies cover the death of an immediate family member, such as a spouse, child, parent, or sibling. Some employers may also provide leave for the death of an extended family member or close friend.
Pay: Bereavement leave may be paid or unpaid, depending on the employer's policy. Some employers offer a combination of paid and unpaid leave.

When developing a bereavement leave policy, employers should consider factors such as company size, industry standards, and employee needs. A clear and compassionate bereavement leave policy can help support employees during challenging times and demonstrate the employer's commitment to employee well-being.

It's important to note that while bereavement leave is not required by law in Missouri, employers must still comply with other employee leave laws, such as the FMLA and VESSA, which may apply in certain situations related to the death of a family member. Employers should also ensure that their bereavement leave policies are applied consistently and without discrimination.

Parental Leave Rights in Missouri

In addition to the FMLA and other employee leave laws in Missouri, the state provides parental leave entitlements for its employees. Under Executive Order 17-09, all state employees of the executive branch, whether employed full-time, part-time, or in 24-hour positions, are eligible for parental leave following the birth or adoption of a child.

Key aspects of parental leave for Missouri state employees include:

Duration: The primary caregiver is entitled to six weeks of parental leave, while the secondary caregiver is entitled to three weeks of parental leave. If both parents are state employees, each is entitled to parental leave, which may be taken concurrently, consecutively, or at different times.
Pay: Parental leave provides 100% of the employee's regular salary and does not count against their annual leave or sick leave balances, which continue to accrue during the parental leave period.
Timing: Parental leave must be taken within 12 weeks following the birth or adoption of a child.

Eligibility for parental leave under Executive Order 17-09 is not dependent on the employee's length of service or number of hours worked. This sets it apart from the FMLA, which requires employees to have worked for their employer for at least 12 months and logged at least 1,250 hours of service during the 12 months prior to the start of the leave.

In the private sector, parental leave policies vary by employer, as there is no federal or Missouri state law mandating paid parental leave. However, many employers recognize the importance of supporting employees during this significant life event and choose to offer parental leave as part of their benefits package.

Trends in parental leave policies among private-sector employers in Missouri include:

Duration: The length of parental leave offered by private employers varies, with some providing a few weeks to several months of leave. Some employers differentiate between primary and secondary caregivers, offering longer leave periods to primary caregivers.
Pay: Parental leave pay among private employers ranges from unpaid to partially paid to fully paid. Some employers may require employees to use accrued paid time off (PTO) or sick leave before accessing any additional paid parental leave.
Eligibility: Private employers may set eligibility requirements for parental leave based on factors such as length of service, hours worked, or employment status (e.g., full-time vs. part-time).

As employers in Missouri navigate the evolving landscape of employee leave laws and strive to attract and retain talent, offering competitive parental leave policies can be a valuable tool for supporting employees and fostering a family-friendly workplace culture. By staying informed about parental leave entitlements for state employees and trends in the private sector, employers can make informed decisions about their own policies and ensure compliance with applicable laws.

Navigating Employee Leave Laws as a Missouri Employer

As an employer in Missouri, staying compliant with the various employee leave laws can be challenging. To help navigate these complex requirements, it's essential to develop comprehensive leave policies, train managers and supervisors, and stay informed about updates to Missouri's leave laws.

When developing leave policies, consider the following best practices:

Incorporate all applicable laws: Ensure your policies cover the FMLA, VESSA, military leave, and any other relevant federal, state, or local laws. If the proposed PST law passes, be prepared to update your policies accordingly.
Be clear and specific: Clearly outline eligibility requirements, leave durations, request procedures, and employee rights and responsibilities. Use plain language and avoid legal jargon to ensure employees understand the policies.
Maintain consistency: Apply leave policies consistently across your organization to avoid discrimination claims. Document all leave requests and decisions, and keep accurate records of leave taken.
Communicate effectively: Regularly inform employees about their leave rights and your organization's policies. Include leave information in employee handbooks, onboarding materials, and periodic communications.

Training managers and supervisors on employee leave laws is crucial for compliance and effective policy implementation. Ensure your training covers:

Legal requirements: Educate managers on the key provisions of the FMLA, VESSA, military leave, and other applicable laws, including eligibility, leave reasons, and job protection.
Company policies: Train managers on your organization's specific leave policies, procedures, and their role in administering leave.
Sensitivity and confidentiality: Emphasize the importance of handling leave requests with sensitivity and maintaining employee confidentiality.
Preventing retaliation: Stress that retaliating against employees for exercising their leave rights is strictly prohibited and can lead to legal consequences.

To stay informed about updates to Missouri's employee leave laws, regularly consult reliable sources, such as:

Missouri Department of Labor and Industrial Relations
U.S. Department of Labor
Legal and HR professional organizations
Industry associations and chambers of commerce

By subscribing to email updates, attending seminars, and participating in professional networks, you can stay abreast of legislative changes, regulatory guidance, and best practices related to employee leave laws in Missouri.

Navigating the complex landscape of employee leave laws in Missouri requires ongoing attention and effort. By developing compliant policies, training managers, and staying informed, you can minimize legal risks, support your employees, and foster a positive work environment.

By staying informed and proactively managing employee leave, you can create a supportive and compliant workplace. We understand the challenges of navigating complex leave laws, which is why we're here to help. If you're looking for a comprehensive HR solution to streamline leave management and ensure compliance, book a demo with GoCo today and discover how we can support your business.