Questions with Verified Answers
Questions we know we can answer based on the law.
How do I calculate the hourly rate to be paid for employees who earn multiple hourly rates?
Employers can either pay what the employee would have earned for the specific hours missed, or calculate a weighted average of all hourly rates from the last pay period.
How do I calculate the hourly rate to be paid for employees who receive piece rates / fees-for-service?
For employees paid by piece rate or fee-for-service, calculate a reasonable estimate of what they would have earned for the services they would have provided if present.
How do I calculate the hourly rate to be paid for employees who are salaried?
For salaried employees, divide their wages from the previous pay period by the total hours worked. For exempt employees, assume 40 hours per week unless their normal schedule is less.
How do I calculate the hourly rate to be paid for employees who receive tips/gratuities?
Tipped employees must be paid either their regular hourly rate or the state minimum wage, whichever is higher, with no deduction for tips.
Can employers limit how much sick time I use?
Yes. Employers of under 15 employees can limit each employee's usage of paid sick time to 40 hours per year. Employers of 15 or more employees can limit each employee's usage of paid sick time to 56 hours per year.
Can I be required to pay my tips into a tip pool with other workers?
You can be required to share tips with other workers who regularly receive tips, but not with management, owners, or back-of-house staff who don't typically receive tips.
Can my employer deny my sick leave request?
Provided you have paid sick time available, your employer cannot deny your request. You are not responsible for ensuring proper staffing coverage or for someone to fill in for you.
Can my employer discipline me for using paid sick time?
Your employer may not discipline you, including giving you an occurrence or other negative action, for properly using paid sick time.
Do all workers get paid sick leave?
Nearly all private sector employees are guaranteed paid sick leave as part of Proposition A passed by Missouri voters in November of 2024. There are minor exemptions. Government employees often have paid sick leave but were not impacted by Proposition A.
If I employ less than 15 people, am I required to pay 'earned paid sick time' benefits?
Yes, regardless of the number of employees, any employer who is not exempt from the provisions of Proposition A must provide paid sick time benefits.
How long do employers need to retain documentation concerning 'earned paid sick time' hours and the amount of time used per employee?
Employers must retain records of earned paid sick time accrual and usage for three years.
Does every job have to pay the minimum wage?
Nearly every job is required to pay the minimum wage, regardless of your age, length of employment or probationary period, with a few minor exceptions.
What should I do before May 1, 2025, to comply with the provisions of Proposition A?
By April 15, 2025, employers must provide written notice to employees about paid sick time rights on 8.5 x 11 paper with 14-point font, including accrual rates, anti-retaliation provisions, civil action rights, and Department contact information.
What if an employer already has a paid time off policy?
If an existing paid time off policy provides sufficient leave that can be used for the same purposes as earned paid sick time, the employer doesn't need to change their policy or provide additional time off.
What family members can 'earned paid sick time' be used for?
Earned paid sick time can be used for children, parents, spouses, domestic partners, romantic partners, grandparents, grandchildren, siblings, and anyone the employee is responsible for providing health or safety-related care.
How is 'earned paid sick time' accrued?
Employees accrue one hour of earned paid sick time for every 30 hours worked. The hours don't need to be consecutive or worked in one week. Employers must track accrued hours.
How many hours can an employee use each year?
Employees at businesses with fewer than 15 workers can use up to 40 hours of paid sick time per year, while those at larger businesses can use up to 56 hours per year. Employers may allow more time through written policies.
How much sick time do I get per year?
Every worker earns 1 hour of paid sick time for every 30 hours worked. Employers may provide you all your paid sick time at the start of the year if they wish, but are not required to.
What is the penalty for violations of the provisions of RSMo 290.600 through 290.642?
Proposition A establishes a private right of action for violations. Willful non-compliance is a class C misdemeanor, with each day of violation counting as a separate offense.
How many hours of 'earned paid sick time' can roll over year-to-year?
Up to 80 hours of unused earned paid sick time can roll over between years. Alternatively, employers may pay out unused time and provide new time at the beginning of the next year.
What about tipped employees?
Tipped employees must be paid a base wage of $6.875/hour in 2025 and $7.50/hour in 2026, with tips on top. If tips don't reach the full minimum wage, employers must make up the difference.
What can I use paid sick leave for?
Paid sick leave can be used for preventative care such as regularly scheduled doctor or dentist appointments, as well as unforeseen circumstances such as the flu, a migraine, or other illness.
What is a 'year' for the purposes of Proposition A's 'earned paid sick time' provisions?
A 'year' for paid sick time purposes is any regular and consecutive 12-month period chosen by the employer, such as May 1 to April 30.
What is 'earned paid sick time'?
RSMo 290.600 defines 'earned paid sick time' as time that is compensated at the same hourly rate and with the same benefits, including health care benefits, as the employee normally earns during hours worked.
What is paid sick leave?
Paid sick leave is paid time off work due to your need to care for your illness or to care for someone that you have a caregiving relationship with, such as a parent, sibling or child.
What is the minimum wage now?
As of January 1st, 2025 the Missouri minimum wage is $13.75/hour. It increases to $15/hour on January 1st, 2026.
What must I tell my employer about sick leave?
You should request paid sick leave as far in advance as you can. You can use paid sick leave in whatever increments of time your employer counts, such as full days, hours or possibly 15 minute intervals.
When do the 'earned paid sick time' benefits start accruing?
Employees begin accruing paid sick time benefits on May 1, 2025.
When does the minimum wage go to $15/hour?
The minimum wage in Missouri is $15/hour on January 1st, 2026.
When is an employee entitled to utilize their 'earned paid sick time'?
Employees can use earned paid sick time for their own or a family member's illness, medical care, or preventative care; during public health emergencies; or to deal with domestic violence, sexual assault, or stalking situations.
What employers are exempt?
Government entities, political subdivisions, school districts, higher education institutions, and private businesses with annual sales under $500,000 are exempt from Proposition A's paid sick time requirements.
What employers must provide 'earned paid sick time'?
All private employers who are not exempt from the provisions of Proposition A must provide earned paid sick time to eligible employees.
Who is NOT considered an employee for the purposes of 'earned paid sick time'?
Several categories of workers are not considered employees under Proposition A, including volunteers, foster parents, seasonal camp workers, students working in lieu of tuition, casual household workers, and others specifically exempted.
Who can I take sick leave for?
You can use sick time to care for yourself, a family member such as a child, spouse or domestic partner, sibling, parent, grandparent and grandchild, or someone you have an established caregiving relationship with.
What is a summary of the new statute?
The new statute (RSMo §§ 290.600–290.642) establishes earned paid sick time requirements, defines key terms, outlines employer obligations, prohibits retaliation, and creates enforcement mechanisms.
What was the text of the 2024 Proposition A ballot measure?
The official ballot title for Proposition A outlines increasing the minimum wage to $15/hour by 2026 and requiring employers to provide paid sick leave.
What is the new law?
The new law amends Missouri's minimum wage law and establishes paid sick leave requirements, increasing the minimum wage to $15/hour by 2026 and requiring employers to provide one hour of paid sick leave for every thirty hours worked.