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SECOND REGULAR SESSION
HOUSE BILL NO. 3419
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE FOGLE.
6186H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 290.502, RSMo, and to enact in lieu thereof seventeen new sections relating
to employee compensation, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 290.502, RSMo, is repealed and seventeen new sections enacted
2 in lieu thereof, to be known as sections 290.502, 290.601, 290.604, 290.605, 290.607,
3 290.610, 290.613, 290.616, 290.619, 290.622, 290.625, 290.628, 290.631, 290.634, 290.637,
4 290.640, and 290.643, to read as follows:
290.502. 1. Except as may be otherwise provided pursuant to sections 290.500 to
2 290.530, ef fective January 1, 2007, every employer shall pay to each employee wages at the
3 rate of $6.50 per hour , or wages at the same rate or rates set under the provisions of federal
4 law as the prevailing federal minimum wage applicable to those covered jobs in interstate
5 commerce, whichever rate per hour is higher .
6 2. The minimum wage shall be increased or decreased on January 1, 2008, and on
7 January 1 of successive years [ but ending December 31, 2024 ], by the increase or decrease in
8 the cost of living. On September 30, 2007, and on each September 30 of each successive year
9 [ but ending December 31, 2024 ], the director shall measure the increase or decrease in the
10 cost of living by the percentage increase or decrease as of the preceding July over the level as
11 of July of the immediately preceding year of the Consumer Price Index for Urban W age
12 Earners and Clerical W orkers (CPI-W) or successor index as published by the U.S.
13 Department of Labor or its successor agency , with the amount of the minimum wage increase
14 or decrease rounded to the nearest five cents.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
15 3. Except as may be otherwise provided pursuant to sections 290.500 to 290.530, and
16 notwithstanding subsection 1 of this section, ef fective January 1, 2025, every employer shall
17 pay to each employee wages at the rate of not less than $13.75 per hour , or wages at the same
18 rate or rates set under the provisions of federal law as the preva iling federal minimum wage
19 applicable to those covered jobs in interstate commerce, whichever rate per hour is higher .
20 Thereafter , the minimum wage established by this subsection shall be increased by $1.25 per
21 hour , to $15.00 per hour , ef fective January 1, 2026. Thereaf ter , the minimum wage
22 established by this subsection shall be incr eased or decr eased on January 1, 2027, and
23 on January first of successive years, per the method set forth in subsection 2 of this
24 section. If at any time the federal minimum wage rate is above or is thereafter increased
25 above the minimum wage then in ef fect under this subsection, the minimum wage r equir ed
26 by this subsection shall continue to be incr eased pursuant to this subsection, but the
27 higher federal rate shall immediately become the minimum wage required by this subsection
28 and shall be incr eased or decr eased per the method set forth in subsection 2 for so long
29 as it rem ains higher than the state minimum wage r equir ed and incr eased pursuant to
30 this subsection .
31 4. For purposes of this section, the term "public employer" means an employer that is
32 the state or a political subdivision of the state, including a department, agency , of ficer , bureau,
33 division, board, commission, or instrumentality of the state, or a city , county , town, village,
34 school district, or other political subdivision of the state. [ Beginning on August 28, 2025, the
35 provisions ] Subsection 3 of this section shall not apply to a public employer with respect to
36 its employees. Any public employer that is subject to subsections 1 and 2 of this section
37 shall continue to be subject to those subsections.
290.601 . As used in sections 290.601 to 290.643:
2 (1) "Department", department of labor and industrial rel ations;
3 (2) "Dir ector", director of the department of labor and industrial r elations;
4 (3) "Domestic violence", as such term is defined in section 455.010;
5 (4) "Earned paid sick time", time that is compensated at the same hourly rate
6 and with the same benefits, including health car e benefits, as the employee normally
7 earns during hours worked and is pro vided by an employer to an employee for the
8 purposes described in section 290.607, but in no case shall this hourly amount be less
9 than that pr ovided under section 290.502;
10 (5) "Employee", any individual employed in this state by an employer , but does
11 not include:
12 (a) Any individual engaged in the activities of an educational, charitable,
13 r eligious, or nonpro fit organization wher e the employer -employee r elationship does not,
14 in fact, exist or wher e the services r ender ed to the organization are on a voluntary basis;
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15 (b) Any individual standing in loco par entis to foster children in their care;
16 (c) Any individual employed for less than four months in any year in a res ident
17 or day camp for children or youth, or any individual employed by an educational
18 confer ence center operated by an educational, charitable, or not-for -pr ofit organization;
19 (d) Any individual engaged in the activities of an educational organization wher e
20 employment by the organization is in lieu of the requi rem ent that the individual pay the
21 cost of tuition, housing or other educational fees of the organization or wher e earnings
22 of the individual employed by the organization are cr edited toward the payment of the
23 cost of tuition, housing, or other educational fees of the organization;
24 (e) Any individual employed on or about a private res idence on an occasional
25 basis for six hours or less on each occasion;
26 (f) Any individual employed on a casual basis to pr ovide baby-sitting services;
27 (g) Any individual employed by an employer subject to the pr ovisions of Part A
28 of Subtitle IV of T itle 49, United States Code, 49 U.S.C. Section 10101 et seq.;
29 (h) Any individual employed on a casual or intermittent basis as a golf caddy ,
30 newsboy , or in a similar occupation;
31 (i) Any individual who is employed in any government position defined in 29
32 U.S.C. Section 203(e)(2)(C)(i)-(ii);
33 (j) Any individual employed by a ret ail or service business whose annual gr oss
34 volume sales made or business done is less than five hundred thousand dollars;
35 (k) Any individual who is an offender , as defined in section 217.010, who is
36 incar cerated in any corr ectional facility operated by the department of correct ions,
37 including offenders who prov ide labor or services on the grou nds of such correc tional
38 facility pursuant to section 217.550; or
39 (l) Any individual described by the pro visions of section 29 U.S.C. 213(a)(8);
40 (6) "Employer", any person acting dir ectly or indirect ly in the interes t of an
41 employer in r elation to an employee; prov ided, however , that for the purposes of
42 sections 290.601 to 290.643 "employer" does not include the United States government,
43 the state, or a political subdivision of the state, including a department, agency , officer ,
44 bur eau, division, board, commission, or instrumentality of the state, or a city , county ,
45 town, village, school district, public higher education institution, or other political
46 subdivision of the state;
47 (7) "Family member", any of the following individuals:
48 (a) Regardless of age, a biological, adopted, or foster child, stepchild or legal
49 ward, a child of a domestic partner , a child to whom the employee stands in loco
50 par entis, or an individual to whom the employee stood in loco paren tis when the
51 individual was a minor;
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52 (b) A biological, foster , steppar ent or adoptive par ent or legal guardian of an
53 employee or an employee's spouse or domestic partner or an individual who stood in
54 loco paren tis when the employee or employee's spouse or domestic partner was a minor
55 child;
56 (c) An individual to whom the employee is legally married under the laws of any
57 state, or a domestic partner who is register ed as such under the laws of any state or
58 political subdivision, or an individual with whom the employee is in a continuing social
59 r elationship of a rom antic or intimate natur e;
60 (d) A grandparen t, grandchild, or sibling, whether of a biological, foster ,
61 adoptive, or step relat ionship, of the employee or the employee's spouse or domestic
62 partner; or
63 (e) A person for whom the employee is res ponsible for pr oviding or arranging
64 health or safety-r elated care including, but not limited to, helping that individual obtain
65 diagnostic, preve ntive, r outine, or therapeutic health tr eatment or ensuring the person is
66 safe following domestic violence, sexual assault, or stalking;
67 (8) "Health car e pr ofessional", any individual licensed under federal or any
68 state law to prov ide medical or emergency services including, but not limited to, doctors,
69 nurses, certified nurse midwives, mental health profes sionals, and emergency room
70 personnel;
71 (9) "Person", any individual, partnership, association, corporation, business,
72 business trust, legal repr esentative, or any organized gr oup of persons;
73 (10) "Retaliatory personnel action", denial of any right guaranteed under
74 sections 290.601 to 290.643, or any thr eat, discharge, suspension, demotion, reduc tion of
75 hours, or any other adverse action against an employee for the exercise of any right
76 guaranteed herein . "Retaliatory personnel action" shall also include interfer ence with
77 or punishment for , in any manner , participating in or assisting an investigation,
78 pr oceeding, or hearing under sections 290.601 to 290.643;
79 (1 1) "Same hourly rate", means the following:
80 (a) For employees paid on the basis of a single hourly rate, the same hourly rate
81 shall be the employee's r egular hourly rate;
82 (b) For employees who ar e paid multiple hourly rates of pay fr om the same
83 employer , the same hourly rate shall be either:
84 a. The wages the employee would have been paid for the hours absent during use
85 of earned paid sick time if the employee had worked; or
86 b. The weighted average of all hourly rates of pay during the pr evious pay
87 period.
88
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89 Whatever method the employer uses, the employer shall use a consistent method for
90 each employee thr oughout a year;
91 (c) For employees who ar e paid a salary , the same hourly rate shall be
92 determined by dividing the wages the employee earns in the pr evious pay period by the
93 total number of hours worked during the pr evious pay period. For determining total
94 number of hours worked during the prev ious pay period, employees who ar e exempt
95 fr om overtime requ irem ents under 29 U.S.C. Section 213(a)(1), the Fair Labor
96 Standards Act, shall be assumed to work forty hours in each work week unless their
97 normal work week is less than forty hours, in which case earned paid sick time shall
98 accrue and the same hourly rate shall be calculated based on the employee's normal
99 work week. Regardless of the basis used, the same hourly rate shall not be less than the
100 effective minimum wage specified in section 290.502;
101 (d) For employees paid on a piece rate or a fee-for -service basis, the same hourly
102 rate shall be a reas onable calculation of the wages or fees the employee would have
103 r eceived for the piece work, service, or part ther eof, if the employee had worked.
104 Regardless of the basis used, the same hourly rate shall not be less than the effective
105 minimum wage specified in section 290.502;
106 (e) For employees who are paid on a commission basis, whether base wage plus
107 commission or commission only , the same hourly rate shall be the grea ter of the base
108 wage or the effective minimum wage specified in section 290.502;
109 (f) For employees who r eceive and ret ain compensation in the form of gratuities
110 in addition to wages, the same hourly rate shall be the great er of the employee's regu lar
111 hourly rate or one hundred perce nt of the effective minimum wage specified in section
112 290.502 without deduction of any tips as a cr edit;
113 (12) "Sexual assault", as such term is defined in section 455.010;
114 (13) "Stalking", as such term is defined in section 455.010;
115 (14) "Y ear", a regul ar and consecutive twelve-month period as determined by
116 the employer;, except that for the purposes of section 290.616 and section 290.628,
117 "year" shall mean a calendar year .
290.604 . 1. Employees of an employer with fifteen or mor e employees shall
2 accrue a minimum of one hour of earned paid sick time for every thirty hours worked,
3 but such employees shall not be entitled to use mor e than fifty-six hours of earned paid
4 sick time per year , unless the employer selects a higher limit.
5 2. Employees of an employer with fewer than fifteen employees shall accrue a
6 minimum of one hour of earned paid sick time for every thirty hours worked, but such
7 employees shall not be entitled to use mor e than forty hours of earned paid sick time per
8 year , unless the employer selects a higher limit.
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9 3. In determining the number of employees of an employer , all employees
10 performing work in the state for an employer for compensation on a full-time, part-
11 time, or temporary basis shall be counted. In situations in which the number of
12 employees performing work in the state for an employer for compensation per week
13 fluctuates above and below fifteen employees per week over the course of a year , an
14 employer is r equir ed to pro vide earned paid sick time pursuant to subsection 1 of this
15 section if it maintained fifteen or mor e employees in the state on the payr oll for some
16 portion of a working day in each of twenty or mor e differ ent calendar weeks, including
17 any periods of leave, and whether the weeks were consecutive, in either the curren t or
18 the prec eding year , irres pective of whether the same individuals were in employment in
19 each working day .
20 4. All employees shall accrue earned paid sick time as follows:
21 (1) Earned paid sick time as pr ovided in this section shall begin to accrue at the
22 commencement of employment or January 1, 2027, whichever is later . An employee
23 shall be entitled to use earned paid sick time as it is accrued. An employer may provi de
24 all earned paid sick time that an employee is expected to accrue in a year at the
25 beginning of the year;
26 (2) Employees who ar e exempt fr om overtime requi rem ents under 29 U.S.C.
27 Section 213(a)(1) of the Federal Fair Labor Standards Act will be assumed to work forty
28 hours in each work week for purposes of earned paid sick time accrual unless their
29 normal work week is less than forty hours, in which case earned paid sick time accrues
30 based upon that normal work week;
31 (3) Up to eighty hours of earned paid sick time shall be carried over to the
32 following year if the employee has any unused accrued earned paid sick time at the end
33 of the year , but this law does not requ ire an employer to permit an employee to use mor e
34 than the applicable number of hours of earned paid sick time per year as set forth in
35 subsections 1 and 2 of this section. Alternatively , in lieu of carryover of unused earned
36 paid sick time fr om one year to the next, an employer may pay an employee for unused
37 earned paid sick time at the end of a year that could be carried over and pr ovide the
38 employee with an amount of paid sick time that meets or exceeds the requi rem ents of
39 sections 290.601 to 290.643 that is available for the employee's immediate use at the
40 beginning of the subsequent year;
41 (4) If an employee is transferred to a separate division, entity , or location, but
42 r emains employed by the same employer , the employee is entitled to all earned paid sick
43 time accrued at the prior division, entity , or location and is entitled to use all earned
44 paid sick time as pro vided in this section. When ther e is a separation fr om employment
45 and the employee is reh ired within nine months of separation by the same employer ,
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46 pr eviously accrued earned paid sick time that had not been used shall be rei nstated.
47 Further , the employee shall be entitled to use accrued earned paid sick time and accrue
48 additional earned paid sick time at the reco mmencement of employment;
49 (5) When a differ ent employer succeeds or takes the place of an existing
50 employer , all employees of the original employer who r emain employed by the successor
51 employer ar e entitled to all earned paid sick time they accrued when employed by the
52 original employer , and ar e entitled to use earned paid sick time pr eviously accrued; and
53 (6) At its discre tion, an employer may loan earned paid sick time to an employee
54 in advance of accrual by such employee.
55 5. Any employer with a paid leave policy , such as a paid time off policy , who
56 makes available an amount of paid leave sufficient to meet the accrual requi rem ents of
57 this section that may be used for the same purposes and under the same conditions as
58 earned paid sick time under sections 290.601 to 290.643 is not requ ired to provi de
59 additional paid sick time under this section.
60 6. Except as specifically provi ded in this section, nothing in this section shall be
61 construed as r equiring financial or other r eimbursement to an employee fr om an
62 employer upon the employee's termination, re signation, ret irem ent, or other separation
63 fr om employment for accrued earned paid sick time that has not been used.
64 7. Employees shall not accrue earned paid sick time befor e January 1, 2027.
65 Employees who are employed or who commence employment on or after January 1,
66 2027, shall accrue earned paid sick time and be entitled to use earned paid sick time as it
67 is accrued in accordance with sections 290.601 to 290.643. The department may develop
68 model posters and notices, engage in rulemaking, initiate outrea ch pr ograms, and
69 engage in other activities for implementation of the pr ovisions of sections 290.601 to
70 290.643 as authorized by those sections before January 1, 2027.
290.605 . 1. For purposes of this section, the term "earned paid ber eavement
2 time" means time that is compensated at the same hourly rate and with the same
3 benefits, including health care benefits, as the employee normally earns during hours
4 worked and is pro vided by an employer to an employee for the purposes described in
5 section 290.607, but in no case shall this hourly amount be less than that pro vided under
6 section 290.502, that is taken in connection with the death of a family member or for the
7 grieving of a rep rodu ctive loss. "Reprod uctive loss" includes a miscarriage, an
8 unsuccessful r ound of intrauterine insemination or of an assisted r epr oductive
9 technology proc edure, a failed adoption match or an adoption that is not finalized
10 because it is contested by another party , a failed surrog acy agr eement, a diagnosis that
11 negatively impacts preg nancy or fertility , or a stillbirth.
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12 2. Employees of an employer with fifteen or mor e employees shall accrue a
13 minimum of one hour of earned paid bereav ement time for every thirty hours worked,
14 but such employees shall not be entitled to use mor e than fifty-six hours of earned paid
15 ber eavement time per year , unless the employer selects a higher limit.
16 3. Employees of an employer with fewer than fifteen employees shall accrue a
17 minimum of one hour of earned paid bereav ement time for every thirty hours worked,
18 but such employees shall not be entitled to use mor e than forty hours of earned paid
19 ber eavement time per year , unless the employer selects a higher limit.
20 4. In determining the number of employees of an employer , all employees
21 performing work in the state for an employer for compensation on a full-time, part-
22 time, or temporary basis shall be counted. In situations in which the number of
23 employees performing work in the state for an employer for compensation per week
24 fluctuates above and below fifteen employees per week over the course of a year , an
25 employer is requ ired to prov ide earned paid bere avement time pursuant to subsection 2
26 of this section if it maintained fifteen or mor e employees in the state on the payro ll for
27 some portion of a working day in each of twenty or mor e differ ent calendar weeks,
28 including any periods of leave, and whether the weeks wer e consecutive, in either the
29 curr ent or the pr eceding year , irr espective of whether the same individuals were in
30 employment in each working day .
31 5. All employees shall accrue earned paid ber eavement time as follows:
32 (1) Earned paid berea vement time as pro vided in this section shall begin to
33 accrue at the commencement of employment or January 1, 2027, whichever is later . An
34 employee shall be entitled to use earned paid berea vement time as it is accrued. An
35 employer may pro vide all earned paid ber eavement time that an employee is expected to
36 accrue in a year at the beginning of the year;
37 (2) Employees who ar e exempt fr om overtime requi rem ents under 29 U.S.C.
38 Section 213(a)(1) of the Federal Fair Labor Standards Act will be assumed to work forty
39 hours in each work week for purposes of earned paid ber eavement time accrual unless
40 their normal work week is less than forty hours, in which case earned paid ber eavement
41 time accrues based upon that normal work week;
42 (3) Up to eighty hours of earned paid berea vement time shall be carried over to
43 the following year if the employee has any unused accrued earned paid ber eavement
44 time at the end of the year , but this section does not req uire an employer to permit an
45 employee to use mor e than the applicable number of hours of earned paid ber eavement
46 time per year as set forth in subsections 2 and 3 of this section. Alternatively , in lieu of
47 carryover of unused earned paid ber eavement time fro m one year to the next, an
48 employer may pay an employee for unused earned paid ber eavement time at the end of
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49 a year which could be carried over and pr ovide the employee with an amount of paid
50 ber eavement time that meets or exceeds the req uire ments of sections 290.601 to 290.643
51 that is available for the employee's immediate use at the beginning of the subsequent
52 year;
53 (4) If an employee is transferred to a separate division, entity , or location, but
54 r emains employed by the same employer , the employee is entitled to all earned paid
55 ber eavement time accrued at the prior division, entity , or location and is entitled to use
56 all earned paid ber eavement time as pro vided in this section. When ther e is a separation
57 fr om employment and the employee is reh ired within nine months of separation by the
58 same employer , previo usly accrued earned paid ber eavement time that had not been
59 used shall be rei nstated. Further , the employee shall be entitled to use accrued earned
60 paid bereav ement time and accrue additional earned paid berea vement time at the
61 r ecommencement of employment;
62 (5) When a differ ent employer succeeds or takes the place of an existing
63 employer , all employees of the original employer who r emain employed by the successor
64 employer are entitled to all earned paid ber eavement time they accrued when employed
65 by the original employer , and are entitled to use earned paid ber eavement time
66 pr eviously accrued;
67 (6) At its discret ion, an employer may loan earned paid ber eavement time to an
68 employee in advance of accrual by such employee; and
69 (7) Earned paid ber eavement leave shall be taken within ninety calendar days of
70 the family member's death or of the event res ulting in repr oductive loss.
71 6. Any employer with a bereav ement policy who makes available an amount of
72 paid ber eavement leave sufficient to meet the accrual req uirements of this section that
73 may be used for the same purposes and under the same conditions as under this section
74 is not re quir ed to pr ovide additional paid bereav ement time under this section.
75 7. Except as specifically provi ded in this section, nothing in this section shall be
76 construed as r equiring financial or other r eimbursement to an employee fr om an
77 employer upon the employee's termination, re signation, ret irem ent, or other separation
78 fr om employment for accrued earned ber eavement paid sick time that has not been
79 used.
80 8. Employees shall not accrue earned ber eavement paid sick time before
81 January 1, 2027. Employees who are employed or who commence employment on or
82 after January 1, 2027, shall accrue earned ber eavement paid sick time and be entitled to
83 use earned berea vement paid sick time as it is accrued in accordance with sections
84 290.601 to 290.643.
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290.607 . 1. Earned paid sick time shall be pr ovided to an employee by an
2 employer for:
3 (1) An employee's mental or physical illness, injury , or health condition; an
4 employee's need for medical diagnosis, care, or tr eatment of a mental or physical illness,
5 injury , or health condition; and an employee's need for preven tive medical car e;
6 (2) Car e of a family member with a mental or physical illness, injury , or health
7 condition; car e of a family member who needs medical diagnosis, care, or tr eatment of a
8 mental or physical illness, injury , or health condition; and care of a family member who
9 needs pr eventive medical care;
10 (3) Closur e of the employee's place of business by order of a public official due to
11 a public health emergency , an employee's need to care for a child whose school or place
12 of care has been closed by order of a public official due to a public health emergency , or
13 car e for oneself or a family member when it has been determined by the health
14 authorities having jurisdiction or by a health care pr ovider that the employee's or
15 family member's pr esence in the community may jeopardize the health of others
16 because of his or her exposure to a communicable disease, whether the employee or
17 family member has actually contracted the communicable disease; or
18 (4) Absence necessary due to domestic violence, sexual assault, or stalking,
19 pr ovided the leave is to allow the employee to obtain for the employee or the employee's
20 family member:
21 (a) Medical attention needed to reco ver from physical or psychological injury or
22 disability caused by domestic violence, sexual assault, or stalking;
23 (b) Services fro m a victim services organization;
24 (c) Psychological or other counseling;
25 (d) Relocation or taking steps to secur e an existing home due to the domestic
26 violence, sexual assault, or stalking; or
27 (e) Legal services, including prepa ring for or participating in any civil or
28 criminal legal proce eding relat ed to or res ulting fr om the domestic violence, sexual
29 assault, or stalking.
30 2. Earned paid sick time shall be pr ovided upon the r equest of an employee.
31 Such r equest may be made orally , in writing, by electr onic means, or by any other
32 means acceptable to the employer . When practicable, the requ est shall include the
33 expected duration of the absence.
34 3. When the use of earned paid sick time is for eseeable, the employee shall make
35 a good faith effort to provi de notice of the need for such time to the employer in advance
36 of the use of the earned paid sick time and shall make a reas onable effort to schedule the
37 use of earned paid sick time in a manner that does not unduly disrupt the operations of
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38 the employer . Wher e such need is not for eseeable, an employer may r equir e an
39 employee to pr ovide notice of the need for the use of earned paid sick time as soon as
40 practicable.
41 4. An employer that req uires notice of the need to use earned paid sick time
42 wher e the need is not for eseeable shall prov ide a written policy that contains proced ures
43 for the employee to pr ovide notice. An employer that has not pr ovided to the employee
44 a copy of its written policy for prov iding such notice shall not deny earned paid sick
45 time to the employee based on noncompliance with such a policy .
46 5. An employer shall not r equir e, as a condition of an employee's taking earned
47 paid sick time, that the employee sear ch for or find a repl acement worker to cover the
48 hours during which the employee is using earned paid sick time.
49 6. Earned paid sick time may be used in the smaller of hourly incr ements or the
50 smallest increment that the employer's payr oll system uses to account for absences or
51 use of other time.
52 7. For earned paid sick time of thr ee or mor e consecutive work days, an
53 employer may r equir e r easonable documentation that the earned paid sick time has
54 been used for a purpose cover ed by subsection 1 of this section.
55 (1) Documentation signed by a health car e profession al indicating that earned
56 paid sick time is necessary shall be consider ed r easonable documentation for purposes
57 of this section.
58 (2) In cases of domestic violence, sexual assault, or stalking, if the employer
59 r equests, one of the following types of documentation selected by the employee shall be
60 consider ed re asonable documentation:
61 (a) A police repo rt indicating that the employee or the employee's family
62 member was a victim of domestic violence, sexual assault, or stalking;
63 (b) A written statement fro m an employee or agent of a victim service provi der
64 affirming that the employee or employee's family member is or was receiv ing services
65 fr om a victim service pr ovider;
66 (c) Documentation signed by a health care pr ofessional fr om whom the employee
67 or employee's family member sought assistance r elating to domestic violence, sexual
68 assault, or stalking or the effects ther eof;
69 (d) A court document indicating that an employee or employee's family member
70 is or was involved in a legal action relat ed to domestic violence, sexual assault, or
71 stalking; or
72 (e) A written statement fro m the employee affirming that the employee or
73 employee's family member is taking or took earned paid sick time for a qualifying
74 purpose of subsection 1 of this section.
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75 (3) An employer shall not requi re that the documentation explain the natur e of
76 the illness, details of the underlying health needs, or the details of the domestic violence,
77 sexual assault, or stalking, unless otherwise r equir ed by law .
290.610. 1. It shall be unlawful for an employer or any other person to interfer e
2 with, res train, or deny the exer cise of, or the attempt to exercise, any right pro tected
3 under sections 290.601 to 290.643.
4 2. An employer shall not take ret aliatory personnel action or discriminate
5 against an employee or former employee because the individual has exercised rights
6 pr otected under sections 290.601 to 290.643. Such rights include, but ar e not limited to,
7 the right to reque st or use earned paid sick time or earned bereav ement time pursuant
8 to sections 290.601 to 290.643; the right to file a complaint or inform any person about
9 any employer's alleged violation of sections 290.601 to 290.643; the right to participate
10 in any investigation, hearing, or pr oceeding or cooperate with or assist the department
11 in any investigations of alleged violations of sections 290.601 to 290.643; and the right to
12 inform any person of his or her potential rights under sections 290.601 to 290.643.
13 3. It shall be unlawful for an employer's absence contr ol policy to count earned
14 paid sick time or earned ber eavement time taken under sections 290.601 to 290.643 as
15 an absence that may lead to or res ult in discipline, discharge, demotion, suspension, or
16 any other adverse action.
17 4. Pr otections of this section shall apply to any individual who mistakenly but in
18 good faith alleges violations of sections 290.601 to 290.643.
290.613. 1. Employers shall give employees a written notice about earned paid
2 sick time and earned paid ber eavement time within fourteen calendar days of the
3 commencement of employment or on December 15, 2026, whichever is later , which shall
4 include the following information:
5 (1) Beginning January 1, 2027, employees accrue and are entitled to earned paid
6 sick time at the rate one hour of earned paid sick time for every thirty hours of work,
7 and may use earned paid sick time, subject to the limits and terms under sections
8 290.601 to 290.643;
9 (2) It is pro hibited for an employer to take r etaliatory personnel action against
10 employees who requ est or use earned paid sick time or earned paid berea vement time as
11 allowed by law;
12 (3) Each employee has the right to bring a civil action if earned paid sick time or
13 earned paid ber eavement time as req uire d by sections 290.601 to 290.643 is denied by
14 the employer or the employee is subjected to r etaliatory personnel action by the
15 employer for exer cising the employee's rights under sections 290.601 to 290.643; and
16 (4) The contact information for the department.
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17
18 Notice shall be pro vided by the employer to the employee on a single piece of paper , at
19 least 8.5 x 1 1 inches, in no less than 14-point font.
20 2. Beginning December 15, 2026, employers shall display a poster that contains
21 the information r equir ed in subsection 1 of this section in a conspicuous and accessible
22 place in each establishment wher e such employees are employed, pro vided that such
23 poster has been made available by the department.
24 3. The department may cr eate and make available to employers model notices
25 and posters that contain the information r equir ed under subsection 1 of this section for
26 employers' use in complying with subsections 1 and 2 of this section. Nothing in this
27 subsection shall be interpret ed or applied, either expr essly or thr ough practical
28 necessity , to r equir e the department to creat e or make available notices or posters if it
29 r equir es the appr opriation of funds to cover the costs of such acts.
290.616. 1. Employers shall r etain reco rds documenting hours worked by
2 employees and earned paid sick time and earned paid bereav ement time taken by
3 employees, for a period of not less than thr ee years, and shall allow the department
4 access to such rec ords, with appr opriate notice and at a mutually agreeab le time, to
5 monitor compliance with the requ irem ents of sections 290.601 to 290.643.
6 2. T o the extent permitted by law , the dire ctor may inspect such reco rds, and the
7 r ecords shall be open for inspection by the dir ector by appointment. Wher e the r ecords
8 r equir ed under this section ar e kept outside the state, the records shall be made
9 available to the direc tor upon demand. Every such employer shall furnish to the
10 dir ector on demand a sworn statement of time record s and information upon forms
11 pr escribed or appr oved by the direc tor . All the r ecords and information obtained by the
12 department are confidential and shall be disclosed only on order of a court of competent
13 jurisdiction.
14 3. Nothing in this section shall be interpr eted or applied, either express ly or
15 thr ough practical necessity , to re quir e the department or dir ector to access or inspect
16 r ecords or to cr eate forms rela ting to the inspection of records if it req uires the
17 appr opriation of funds to cover the costs of such acts.
290.619 . 1. The department may , in accordance with chapter 536, pr omulgate
2 rules for the implementation, enfor cement, and administration of sections 290.601 to
3 290.643. Any rule or portion of a rule, as that term is defined in section 536.010, that is
4 cr eated under the authority delegated in this section shall become effective only if it
5 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
6 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
7 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
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8 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
9 then the grant of rulemaking authority and any rule pr oposed or adopted after the
10 effective date of this act, shall be invalid and void.
11 2. Nothing in this section shall be interpr eted or applied, either express ly or
12 thr ough practical necessity , to requi re the pro mulgation or adoption of rules if it
13 r equir es the appr opriation of funds to cover the costs of such acts.
290.622. 1. The department may investigate and ascertain compliance with
2 sections 290.601 to 290.643, establish and implement a system to receiv e complaints
3 r egarding noncompliance with sections 290.601 to 290.643 and to investigate and
4 attempt to r esolve complaints between the complainant and the subject of the complaint,
5 and establish additional means of enfor cement, including req uiring by subpoena the
6 testimony of witnesses and pr oduction of books, r ecords, and other evidence rel ative to
7 any matter under investigation or hearing, issuing notices of violation, holding hearings
8 on notices of violation, making determinations, reco vering unpaid earned sick time,
9 r ecovering unpaid earned bereav ement time, and imposing fines for willful violations of
10 up to five hundred dollars per day of each day of a continuing violation. A final decision
11 of the department is subject to rev iew in accordance with the pr ovisions of chapter 536.
12 2. The department may develop and implement an outreach pr ogram to inform
13 employees, par ents, and persons who ar e under the car e of a health car e provi der about
14 the availability of earned paid sick time and earned paid ber eavement time under
15 sections 290.601 to 290.643. This pr ogram may include the distribution of notices and
16 other written materials to child car e and elder care pr oviders, domestic violence
17 shelters, schools, hospitals, community health centers, and other health car e pro viders
18 in Missouri.
19 3. A municipality , county , city , town, or village may adopt ordinances, rules, and
20 r egulations to investigate and ascertain compliance with sections 290.601 to 290.643,
21 establish and implement a system to r eceive complaints r egarding noncompliance with
22 sections 290.601 to 290.643 and to investigate and attempt to r esolve complaints between
23 the complainant and the subject of the complaint, and establish additional means of
24 enfor cement, with r espect to employers within, or employees performing work while
25 physically pr esent in, the geographic boundaries of the municipality , county , city , town,
26 or village. Any such ordinance, rule, or regu lation shall be consistent with this law and
27 any department rules or reg ulations and system for compliance and enfor cement. The
28 municipality , county , city , town, or village may exerci se such powers as allowed by any
29 applicable charter or ordinance, including r equiring by subpoena the testimony of
30 witnesses and prod uction of books, records, and other evidence rel ative to any matter
31 under investigation or hearing, issuing notices of violation, holding hearings on notices
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32 of violation, making determinations, r ecovering unpaid earned sick time, recoveri ng
33 unpaid earned ber eavement time, and imposing fines for willful violations of up to the
34 maximum allowed for an ordinance violation. Before investigating or seeking to r esolve
35 any complaint between the complainant and the subject of the complaint, the
36 municipality , county , city , town, or village shall give notice to the department with a
37 copy of the complaint and, within fourteen days of such notice, the department may
38 intervene as of right and participate in the matter to ensure that the complaint is being
39 investigated and res olved in the inter est of effective enfor cement of sections 290.601 to
40 290.643 or , alternatively , the department may institute its own proce edings in which case
41 the municipality , county , city , town, or village shall r efrain fro m acting on the matter so
42 long as the complaint is being investigated and res olved in the interest of effective
43 enfor cement of sections 290.601 to 290.643. If the department does not, within fourteen
44 days, intervene or instigate its own pro ceedings, the municipality , county , city , town, or
45 village may , without the department, investigate and attempt to re solve the complaint
46 and take other additional means within its power to enforce sections 290.601 to 290.643
47 against the subject of the complaint. In no event shall an employer be subject to
48 compliance pr oceedings arising out of a single set of facts after having alr eady been
49 subjected to a final compliance order by another governmental entity .
50 4. Nothing in this section shall be interpr eted or applied, either express ly or
51 thr ough practical necessity , to requ ire the department, a municipality , county , city ,
52 town, or village to conduct investigations and ascertain compliance with sections
53 290.601 to 290.643, to establish and implement a system to r eceive or r esolve complaints,
54 to establish additional means of enforcem ent, or to conduct outr each and education,
55 including the cr eation of notices and other written materials, concerning sections
56 290.601 to 290.643, if it req uires the appr opriation of funds to cover the costs of such
57 acts.
290.625 . 1. Any employer who willfully violates or fails to comply with any of
2 the pro visions and requ irem ents of sections 290.601 to 290.643 shall be guilty of a class
3 C misdemeanor; pro vided, however , that an employer who willfully violates the notice
4 and posting r equir ements of section 290.613 shall be guilty of an infraction.
5 2. For purposes of this section, each day of violation or failur e to comply and
6 each employee affected shall constitute a separate offense.
290.628. 1. Any individual who claims to have been aggrieved by a failure of an
2 employer to comply with any portion of sections 290.601 to 290.643, including, but not
3 limited to, the failure to pr ovide earned paid sick time or earned paid bere avement time
4 or to allow employees to use such time consistent with sections 290.601 to 290.643, or
5 who claims to have suffered a ret aliatory personnel action, shall have a right of action
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6 and may commence a civil action in the appr opriate court of jurisdiction within thr ee
7 years of the accrual of the cause of action, to obtain appr opriate relief with res pect to
8 such unlawful violation. Such action may be br ought without first filing an
9 administrative complaint.
10 2. In a civil action under this section, if the court finds a violation has occurr ed,
11 the court may grant as relief, as it deems appr opriate and to the extent permitted by law ,
12 any permanent or temporary injunction, the full amount of any unpaid earned sick time
13 or unpaid ber eavement time plus any actual damages suffered as the r esult of the
14 employer's violation of sections 290.601 to 290.643, an additional amount equal to twice
15 any unpaid earned sick time as liquidated damages, costs, and reas onable attorney's fees
16 as may be allowed by the court, and other legal or equitable r elief as may be appro priate
17 to r emedy the violation, including, but not limited to, r einstatement to employment and
18 back pay .
290.631. 1. Except as otherwise r equir ed by law , an employer shall not requi re
2 disclosur e of details r elating to an employee's or an employee's family member's health
3 information, domestic violence, sexual assault, or stalking as a condition of pr oviding
4 earned paid sick time or earned paid berea vement time under sections 290.601 to
5 290.643.
6 2. Unless as otherwise req uired by law , any health or safety information
7 possessed by an employer re garding an employee or employee's family member shall:
8 (1) Be maintained on a separate form and in a separate file fr om other personnel
9 information;
10 (2) Be tr eated as confidential medical recor ds; and
11 (3) Not be disclosed except to the affected employee or with the expr ess written
12 permission of the affected employee.
290.634. 1. W ith res pect to employees cover ed by a valid collective bargaining
2 agr eement in effect on January 1, 2027, no pro visions of sections 290.601 to 290.643 shall
3 apply until the stated expiration date in the collective bargaining agr eement; however ,
4 the pro visions of sections 290.601 to 290.643 shall apply upon any such agr eement's
5 r enewal, extension, amendment, or modification in any res pect after January 1, 2027.
6 2. Nothing in sections 290.601 to 290.643 shall be deemed to interfer e, impede, or
7 otherwise diminish the right of employees to bargain collectively thr ough
8 r epresent atives of their own choosing in order to establish earned paid sick time,
9 earned paid ber eavement time, or other conditions of work in excess of the applicable
10 minimum standards under the pr ovisions of sections 290.601 to 290.643.
11 3. Any waiver by an employee of rights under sections 290.601 to 290.643 shall
12 be deemed contrary to public policy and shall be void.
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290.637. 1. Nothing in sections 290.601 to 290.643 shall be construed to
2 discourage or proh ibit an employer fr om the adoption or re tention of an earned paid
3 sick time policy , or earned paid bereav ement time policy , or both, that is mor e gener ous
4 than the one r equir ed herein .
5 2. Nothing in sections 290.601 to 290.643 shall be construed as diminishing the
6 obligation of an employer to comply with any contract, collective bargaining agreement,
7 employment benefit plan, or other agr eement pr oviding mor e gener ous paid sick time or
8 earned paid ber eavement time to an employee than req uired herein . Nothing in sections
9 290.601 to 290.643 shall be construed as diminishing the rights of public employees
10 r egarding paid sick time or earned paid ber eavement time or use of paid sick time or
11 earned paid ber eavement time as pr ovided in the laws of Missouri and ordinances of
12 political subdivisions pertaining to public employees.
290.640. 1. Sections 290.601 to 290.643 pr ovide minimum r equir ements
2 pertaining to earned paid sick time and earned paid bereav ement time and shall not be
3 construed to pree mpt, limit, or otherwise affect the applicability of any other law ,
4 r egulation, requ irem ent, policy , or standard that prov ides for grea ter accrual or use by
5 employees of earned paid sick time and earned paid bereav ement time or that extends
6 other pr otections to employees.
7 2. Nothing in sections 290.601 to 290.643 shall be interpr eted or applied to creat e
8 a power or obligation contrary to any federal law , rule, or regu lation.
290.643 . Except as detailed in section 290.619, all of the pr ovisions of sections
2 290.601 to 290.643 are severable, and if any prov ision, including any section, subsection,
3 subdivision, paragraph, sentence, or clause, or the application ther eof to any person or
4 cir cumstance, is found by a court of competent jurisdiction to be invalid,
5 unconstitutional, or unconstitutionally enacted, such decision shall not affect other
6 pr ovisions or applications of sections 290.601 to 290.643 that can be given effect without
7 the invalid, unconstitutional, or unconstitutionally enacted pr ovision or application, and
8 to this end the pr ovisions of sections 290.601 to 290.643 are declar ed severable.
✔
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