Missouri’s Earned Paid Sick Time Law

Missouri’s law ensuring employees have access to Earned Paid Sick Time (EPST) will go into effect on May 1, 2025, and employers must notify employees no later than April 15, 2025.

The EPST law applies to all employers except federal or state government entities. Employers can meet the requirements by using their existing paid-time-off (PTO) policies if they provide the same amount of paid leave, cover the same reasons, and follow the law’s rules.

Understanding the EPST law is crucial for maintaining compliance and avoiding potential penalties. To help, we’ve highlighted the key aspects of the legislation. Additionally, Missouri has created a detailed FAQ to answer common questions and provide further clarity.

Important Dates to Remember

April 15, 2025 – Employers must notify employees of the new law and display a workplace poster.

May 1, 2025 – Employees can start accruing and using EPST.

Managing Earned Paid Sick Time

Accrual and Usage Rules

Starting May 1, 2025, eligible employees will earn one hour of EPST for every 30 hours worked. Employees can begin using accrued time as soon as it is available.

Annual limits on leave usage can be established, with restrictions determined by the size of the employer:

• Businesses with 15 or more employees can cap use at 56 hours annually
• Businesses with fewer than 15 employees can cap use at 40 hours annually, though they may allow more

Carryover, Payouts, and Leave Frontloading

Unused EPST carries over into the following year, with up to 80 hours rolling over. Alternatively, employers can pay employees for unused leave at year-end if they provide the full required leave amount upfront for the following year.

Approved Use of EPST

Employees may use EPST for various reasons, including:

• Personal or family illnesses, injuries, or health conditions
• Preventive medical care
• Safe leave related to domestic violence, sexual assault, or stalking

Additionally, employees can take leave in certain public health scenarios, such as:

• When their workplace, child’s school, or childcare provider is closed due to a public health emergency
• Following exposure to a communicable disease that could pose risks to the community

Notice, Certification, and Recordkeeping Requirements

Employee Notice

Employers may require employees to give advance notice for foreseeable leave. In cases of unforeseen circumstances, employees should notify their employer as soon as possible. These notice requirements must be clearly outlined in a formal policy. Additionally, employers may request reasonable documentation to verify the leave if an employee uses EPST for three or more consecutive days.

Employer Notice

Employers are required to provide written notice about EPST either within 14 days of an employee’s start date or by April 15, 2025, whichever occurs later. Furthermore, a workplace poster detailing EPST information must be prominently displayed no later than April 15, 2025.

Record Retention – Employers must maintain records of hours worked and EPST usage for at least three years.

Exceptions to Eligibility

Nearly all employees in Missouri are eligible to accrue EPST. However, there are some exceptions, including:

• Volunteers or nonemployees of educational, charitable, religious, or nonprofit organizations
• Foster parents
• Employees of children’s camps working less than four months annually
• Employees of educational conference centers run by nonprofit or educational organizations
• Workers at educational institutions who are compensated through tuition, housing, or fees
• Private residence workers performing tasks for no more than 6 hours per visit
• Casual babysitters
• Informal or one-off workers like caddies or newsboys
• Railway employees
• Employees of retail businesses generating less than $500,000 annually
• Prisoners
• Employees of newspapers with a circulation under 4,000

Government entities exempt from this law include state departments, cities, counties, towns, school districts, public colleges, universities, and other local government organizations.

Enforcement and Penalties

To ensure compliance:

• Employers are prohibited from retaliating against employees using EPST as outlined by law.
• Employees have the right to take legal action against employers for violations.
• Employers failing to comply with EPST requirements may face administrative penalties or fines.

Next Steps for Employers

Missouri employers are encouraged to prepare for the law’s implementation by taking the following steps:

• Familiarize yourself with the law’s details to ensure compliance.
• Train HR teams, managers, and supervisors on leave policies and employee rights.
• Monitor the Missouri Department of Labor and Industrial Relations updates for model notices, posters, and further guidance.

Proactive preparation will ensure a smooth transition and compliance with Missouri’s EPST law before May 2025.