Missouri Leave Laws

Missouri’s leave laws safeguard the rights and welfare of employees needing time off for reasons such as illness, jury duty, holidays, and voting. This article provides an overview of state and federal regulations on leave in Missouri. 

Leave falls into two categories: mandatory and non-mandatory, each with its own rules and conditions. The laws may differ based on whether you work in the public or private sector.

This Article Covers

Missouri Required Leave

• Sick Leave
• Family and Medical Leave
• Donor Leave
• Jury Duty Leave
• Voting Leave
• Leave for Victims of Domestic and Sexual Violence
• Volunteering Leave
• Military Leave
• Holiday Leave

Missouri Non-Required Leave

• Vacation Time
• Bereavement Leave
• Shared Leave

Missouri Required Leave

Employers in Missouri must provide employees with specific types of leave as required by law. These mandatory leave types include:

1. Sick Leave (Public Employers)

• Eligibility: Only public employees are eligible for sick leave. Currently, employers in the private sector are not legally required to provide their employees with sick leave, whether it be paid or unpaid.
• Duration: 10 hours per month or 5 hours per semi-month of service for full-time employees. For part-time employees, the duration of sick leave is determined by the length of service or hours worked. 
• Circumstance for Utilizing Leave: To recover from illness or manage healthcare needs. 

2. Family and Medical Leave

• Eligibility: To be eligible for FMLA, an employee must have worked for their employer for at least 12 months and 1,250 hours in the previous year and work in a business with 50 or more employees, as per the Family and Medical Leave Act (FMLA). 
• Duration: Up to 12 weeks within a 12-month period. 
• Circumstance for Utilizing Leave: For various reasons, including a serious health condition of the employee, birth or adoption of a child, or care for a family member with a serious health condition.
• Pay: There is no legal requirement for employers in Missouri to pay workers on family and medical leave unless otherwise stated in the employment contract.

3. Donor Leave

• Eligibility: Employers in Missouri must provide leave time for bone marrow and organ donation. 
• Duration: Bone marrow donors receive 5 days off, and organ donors are entitled to 30 workdays off. 
• Circumstance for Utilizing Leave: To donate bone marrow or organs. 
• Pay: Bone marrow and organ donors on leave must be paid their base rates.

4. Jury Duty Leave

• Eligibility: Jury duty is considered a civic obligation that necessitates time off from work for employees who have been summoned by the court. 
• Duration: The scheduled and expected duration of the jury service.
• Circumstance for Utilizing Leave: For jury duty. 
• Pay: Employers in Missouri are not required to offer paid leave for jury duty.

5. Voting Leave

• Eligibility: Any employee who has voting rights is entitled to take this type of leave. 
• Duration: 3 hours. 
• Circumstance for Utilizing Leave: To vote in any election held within the state. 
• Pay: Employers in Missouri cannot deduct any wages for time taken off to vote.

6. Leave for Victims of Domestic and Sexual Violence

• Eligibility: Under the Victims’ Economic Safety and Security Act (VESSA), employers with at least 20 employees are required to provide leave for victims of domestic or sexual violence and for household members of such victims.
• Duration: Employers with 50 or more employees are required to offer up to 2 weeks of this type of leave, and employers with at least 20 must provide a total of 1 week of leave.
• Circumstance for Utilizing Leave: To seek medical help, counseling, relocation, legal assistance, or other necessary precautions to maintain their safety.
• Pay: Paid leave for victims of domestic or sexual violence is not a legal requirement in Missouri.

7. Volunteering Leave

• Eligibility: Employees who are part of disaster service groups or have official certification as American Red Cross volunteers are eligible for volunteering leave. 
• Duration: 120 work hours per year. 
• Circumstance for Utilizing Leave: To contribute towards disaster relief efforts. 
• Pay: Employees who take volunteering leave must be paid their normal wages while away from work.

8. Military Leave

• Eligibility: All employees who serve in the military are entitled to take leave for official training or duties.
• Duration: Up to 120 hours of paid military leave annually, which is equivalent to three 40-hour workweeks.
• Circumstance for Utilizing Leave: For official military duties or training.
• Pay: Employees on military leave may not lose any pay or benefits during their time off. 

9. Holiday Leave (Public Employers)

• Eligibility: Only public employees are eligible for holiday leave.
• Duration: For the duration of the national or state holiday. 
• Circumstance for Utilizing Leave: The occurrence of federally required holidays and 3 additional days as mandated by Missouri state law.

The following are the official federal holidays observed in the US:

Learn more about the rights of employees in Missouri through our guides on Your rights as a salaried employee in Missouri, and Your rights as an hourly employee in Missouri. You can also learn more about Missouri Labor Laws through our detailed guide.

Missouri Non-Required Leave

Some employers in Missouri choose to offer non-mandatory types of leave, including:

1. Vacation Leave

Employers in Missouri are not required by law to provide paid or unpaid vacation leave. Decisions to offer this benefit to some employees and not others must not be based on protected characteristics such as age, race, or gender.

2. Bereavement Leave

Employers in Missouri may wish to offer leave to employees who are mourning the loss of a loved one, family member, colleague, or friend. Details about bereavement leave are to be found in the employment contract.

3. Shared Leave

Missouri’s Shared Leave Program allows employees who have exhausted their accrued leave time to access additional hours from a shared leave pool. Employees who have worked for 6 months at a company may donate their hours to this pool. This gives their co-workers the opportunity to take time off if they have suffered from catastrophic events, illness or injury. However, employees cannot donate their sick leave. The shared leave program is voluntary and confidential. Intimidation or threats are not permitted.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.