Global Compliance- Missouri

Missouri Supreme Court Upholds New Paid Sick

On April 29, 2025, the Missouri Supreme Court upheld Proposition A, a ballot initiative that establishes statewide paid sick leave and gradually increases the state minimum wage. Effective May 1, 2025, all employees in Missouri are entitled to paid sick leave.  

Overview of Missouri’s Paid Sick Leave Provisions 

Duration of the leave- All employees are entitled to receive 1 hour of paid sick leave for every 30 hours worked.  

 Employees are eligible to use up to 56 hours per year, unless a higher limit is set by the employer. There is no cap on accrual, though usage in a given year is capped unless otherwise provided by the employer. 

Employers with fewer than 15 employees: Employees earn 1 hour of paid sick leave for every 30 hours worked. Employees are eligible to use up to 40 hours per year, unless a higher limit is set by the employer. 

Employees can use their earned paid sick time as soon as it is accrued. Earned paid sick time will start to accumulate either from the date an employee begins their employment or from May 1, 2025, whichever is later. 

Usage of Leave – Employees can utilise their earned paid sick leave for the following reasons: 

• their own or a family member’s mental or physical illness, injury, or health condition.
• medical diagnosis, treatment, or preventive care for themselves or a family member.
• closure of the employee’s workplace or child’s school by a public health authority due to a public health emergency.
• situations involving domestic violence, sexual assault, or stalking, including seeking legal or medical assistance. 

Carryover of Sick Leave: Employees can carry over up to 80 hours of unused leave to the next year. However, the annual usage cap of 56 or 40 hours still applies, unless a higher limit is set by the employer. Instead of carrying over leave to the next year, the employer may also pay out unused leave at the end of the year. 

Front-loading of Sick Leave: Employers may elect to front-load the full annual sick leave entitlement at the start of the year, eliminating the need for hourly accrual. 

Notice and Documentation Requirements: Employees must provide notice of the need for leave as soon as practicable, using the employer’s standard reporting procedure and indicating the expected duration. 

Employers may request medical documentation for absences of three or more consecutive workdays. Also, employers must retain sick leave records for at least three years. 

Employers that already offer a paid time off (PTO) policy are not required to provide additional sick leave under Proposition A, as long as the existing policy meets or exceeds the statutory accrual rate and permits leave to be used for the same purposes and under the same conditions set out in the law. 

Legal Background 

Proposition A was approved by Missouri voters on November 5, 2024. Soon after, it faced a legal challenge in Raymond McCarty et al. v. Missouri Secretary of State, where opponents argued that the initiative violated the Missouri Constitution’s single-subject and clear-title requirements and included misleading ballot language. The Missouri Supreme Court rejected these claims and upheld the validity of Proposition A. 

Ongoing Legislative Efforts to Repeal 

Despite the Court’s ruling, efforts to repeal the measure are underway. On March 13, 2025, the Missouri House of Representatives passed House Bill 567 (HB 567), which seeks to repeal the paid sick leave provisions. However, since HB 567 does not include an emergency clause, it cannot take effect before August 28, 2025, even if it is approved by the Senate and signed into law. The bill is currently under consideration in the Missouri Senate. 

Take away- Employers must take proactive steps to comply with the amendment and must review and revise their policies at the earliest to align with the changes in the law.