Missouri Leave Laws
In Missouri, employers are not required to provide employees with vacation benefits, either paid or unpaid. MO Dept. of Labor and Industrial Relations FAQ. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract. See City of Webster Groves v. Institutional and Public Employees Union, 524 S.W.2d 162 (Mo. App. 1975).
The rollover policy
- Statutory Provisions Addressing Vacation Pay
The state of Missouri has no statute governing the policy
- Use-It-or-Lose-It Policy
The state of Missouri has no statute governing the policy.
- Payment of Accrued Vacation on Termination
The definition of wages for purposes of determining final wages due on termination does not include vacation pay (Monterosso v. St. Louis Globe-Democrat Publ’g Co., 368 S.W.2d 481, 488-89 (Mo. 1963); Doores v. Intercontinental Eng’g-Mfg. Corp., 670 S.W.2d 65, 67 (Mo. Ct. App. 1984)).
No federal or state law in Missouri requires employers to pay out an employee’s accrued vacation, sick leave, or other paid time off (PTO) at the termination of employment.
Maternity, Paternity, FMLA
In addition to the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, Missouri has the following laws regarding Maternity and Paternity Leave:
Missouri’s Human Rights Act prohibits employment practices that discriminate on the basis of sex.
According to the Act, pregnancy-related conditions must be treated the same way as other types of temporary disabilities. This requirement applies to employers with six or more employees.
Jury Duty Leave
Employees are entitled to unpaid leave when called to serve on a jury, participate in the jury selection process, or respond to a jury summons.
Missouri law prevents an employer from requiring that an employee take a vacation, sick leave, or other paid time off to respond to a jury summons, participate in the jury selection process, or serve on a jury (MO Rev. Stat. Sec. 494.460).
Victim and Witness Leave
Employees who are victims of dangerous felonies, domestic assault, and other crimes or are a member of a victim’s immediate family are entitled to unpaid leave, for the following reasons:
- testify in a criminal proceeding
- attend a criminal proceeding
- participate in the preparation of a criminal proceeding
Employees may not be required to use any other leave or paid time off to participate in the mentioned activities.
No federal or state law requires an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.
Employers are required to provide employees with up to three hours of paid leave. Employees are required to provide notice prior to election day. Employers may choose the time in which the employee may be absent.
Members of the Missouri military forces, the national guard of any other state, or a reserve component of the U.S. armed forces who are called to active duty are entitled to the same leave and reinstatement rights provided under USERRA.