Margaret Gentzen, Attorney
Haley Spiewak, Law Clerk
Following the November 5, 2024 election, approximately 58% of Missouri voters approved Proposition A, which mandates paid sick leave for many employees and increases the state minimum wage.
Paid Sick Leave
Beginning May 1, 2025, Missouri employers must provide one hour of sick leave for every 30 hours worked. The state did not previously require employers to provide paid sick time. Although there is no maximum amount of sick leave an employee may accrue, an employee of an employer with 15 or more employees is entitled to use no more than 56 hours of earned paid sick time per year, unless the employer selects a higher limit. An employee of an employer with fewer than 15 employees is entitled to use no more than 40 hours of paid sick time per year, unless the employer selects a higher limit.
Additionally, an employee may carry over up to 80 hours of earned paid sick time to the following year if the employee has unused sick leave. At its discretion, an employer may also loan earned paid sick time to an employee in advance of accrual by such employee.
Earned paid sick time must be provided to an employee by an employer, upon oral or written request, for absences including:
- An employee’s mental or physical illness, injury, or health condition;
- An employee’s need for medical diagnosis, care, treatment or preventative care;
- Care of a family member with a mental or physical illness, injury, or health condition; need for medical diagnosis, care, or treatment, or preventative care for a mental or physical illness, injury or health condition;
- Closure of an employee’s place of business by order of a public official due to a public health emergency;
- Care for a child whose school or place of care has been closed by order of a public official due to a public health emergency;
- Health care providers that determine the employee’s or family member’s presence in the community may jeopardize the health of others because of the individual’s exposure to a communicable disease; and
- Paid “safe” leave, meaning in certain situations an employee may use their paid sick time when the employee or employee’s family member has been a victim of domestic violence, sexual assault, or stalking.
When the paid sick time is foreseeable, an employee may be required to make a good faith effort to provide notice of the need for leave in advance and make reasonable efforts to schedule the time in a manner that does not unduly disrupt the employer’s operations. When unforeseeable, the employer may require the employee provide notice as soon as practicable. If an employee uses paid sick time for three or more consecutive workdays, the employer may require reasonable documentation to verify that the employee used the sick time for a purpose covered under the amendment.
The amendment provides employees with a cause of action in the event an employer retaliates or discriminates against the employee because the individual has exercised rights protected under the law, including failure to provide paid sick leave time. A court may award an employee the full amount of any unpaid earned sick time plus actual damages, an additional amount equal to twice any unpaid earned sick time, and attorney’s fees.
The new sick leave requirement will not apply to government workers, retail or service employees who work at a business with annual revenue under $500,000 annually, babysitters, and others.
Minimum Wage
Voters passed Proposition A, raising the state’s minimum wage to $15.00 an hour by 2026. Beginning January 1, 2025, Missouri’s minimum wage will increase from $12.30 per hour to $13.75 for most employees. On January 1, 2026, the minimum wage will rise again to $15.00 per hour and will be adjusted annually for inflation thereafter. Government entities, school districts, and educational institutions will be exempt from the new minimum wage requirements. Additionally, if the federal minimum wage ever exceeds Missouri’s state minimum wage, Missouri’s minimum wage will automatically increase to match the federal rate.
Moving forward, employers should begin preparing for the minimum wage increase, effective January 1, 2025, and the paid sick leave accrual requirement starting May 1, 2025. This includes updating employment policies to ensure compliance with the statute.
If you are an employer with more questions regarding the passage of Proposition A and its implications on your business, contact Fox Smith at 314-588-7000.