Section 290.603

Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 290

Effective - 05 Nov 2024, see footnote   

  290.603.  Paid sick leave required, when — use of sick leave, restrictions — number of employees, how determined — accrual of leave — commencement date. — 1.  Employees of an employer with fifteen or more employees shall accrue a minimum of one hour of earned paid sick time for every thirty hours worked, but such employees shall not be entitled to use more than fifty-six hours of earned paid sick time per year, unless the employer selects a higher limit.

  2.  Employees of an employer with fewer than fifteen employees shall accrue a minimum of one hour of earned paid sick time for every thirty hours worked, but such employees shall not be entitled to use more than forty hours of earned paid sick time per year, unless the employer selects a higher limit.

  3.  In determining the number of employees of an employer, all employees performing work in the state for an employer for compensation on a full-time, part-time, or temporary basis shall be counted.  In situations in which the number of employees performing work in the state for an employer for compensation per week fluctuates above and below fifteen^* employees per week over the course of a year, an employer is required to provide earned paid sick time pursuant to subsection 1^** of this section if it maintained fifteen or more employees in the state on the payroll for some portion of a working day in each of twenty or more different calendar weeks, including any periods of leave, and whether or not the weeks were consecutive, in either the current or the preceding year (irrespective of whether the same individuals were in employment in each working day).

  4.  All employees shall accrue earned paid sick time as follows:

  (1)  Earned paid sick time as provided in this section shall begin to accrue at the commencement of employment or May 1, 2025, whichever is later.  An employee shall be entitled to use earned paid sick time as it is accrued.  An employer may provide all earned paid sick time that an employee is expected to accrue in a year at the beginning of the year;

  (2)  Employees who are exempt from overtime requirements under 29 U.S.C. § 213(a)(1) of the Federal Fair Labor Standards Act will be assumed to work forty hours in each work week for purposes of earned paid sick time accrual unless their normal work week is less than forty hours, in which case earned paid sick time accrues based upon that normal work week;

  (3)  Up to eighty^*** hours of earned paid sick time shall be carried over to the following year if the employee has any unused accrued earned paid sick time at the end of the year, but this law does not require an employer to permit an employee to use more than the applicable number of hours of earned paid sick time per year as set forth in subsections 1 and 2^**** of this section.  Alternatively, in lieu of carryover of unused earned paid sick time from one year to the next, an employer may pay an employee for unused earned paid sick time at the end of a year which could be carried over and provide the employee with an amount of paid sick time that meets or exceeds the requirements of sections 290.600 through 290.642 that is available for the employee's immediate use at the beginning of the subsequent year;

  (4)  If an employee is transferred to a separate division, entity, or location, but remains employed by the same employer, the employee is entitled to all earned paid sick time accrued at the prior division, entity, or location and is entitled to use all earned paid sick time as provided in this section.  When there is a separation from employment and the employee is rehired within nine months of separation by the same employer, previously accrued earned paid sick time that had not been used shall be reinstated.  Further, the employee shall be entitled to use accrued earned paid sick time and accrue additional earned paid sick time at the recommencement of employment;

  (5)  When a different employer succeeds or takes the place of an existing employer, all employees of the original employer who remain employed by the successor employer are entitled to all earned paid sick time they accrued when employed by the original employer, and are entitled to use earned paid sick time previously accrued;

  (6)  At its discretion, an employer may loan earned paid sick time to an employee in advance of accrual by such employee.

  5.  Any employer with a paid leave policy, such as a paid time off policy, who makes available an amount of paid leave sufficient to meet the accrual requirements of this section that may be used for the same purposes and under the same conditions as earned paid sick time under sections 290.600 through 290.642 is not required to provide additional paid sick time under this section.

  6.  Except as specifically provided in this section, nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for accrued earned paid sick time that has not been used.

  7.  Employees shall not accrue earned paid sick time before May 1, 2025.  Employees who are employed or who commence employment on or after May 1, 2025 shall accrue earned paid sick time and be entitled to use earned paid sick time as it is accrued in accordance with sections 290.600 through 290.642.  The department may develop model posters and notices, engage in rulemaking, initiate outreach programs, and engage in other activities for implementation of the provisions of sections 290.600 through 290.642 as authorized by those sections before May 1, 2025.

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(L. 2024 Adopted by Initiative, Proposition A, November 5, 2024)

*Number "15" appears in Proposition A.

**Words "subsection (1)" appear in Proposition A.

***Number "80" appears in Proposition A.

****Words "subsection (1) and (2)" appear in Proposition A.