What happens if Missouri’s Proposition A passes?

If you are a small business owner or an employee working three jobs to make ends meet you have probably asked yourself this question. Hopefully this article clarifies some of the questions and concerns you may have. Let’s take the perspective of the employee first.

Going to work can be tough, especially for those who don’t enjoy what they do. What happens when you get sick? If you’re lucky, your employer has a form of sick leave or paid time off that you can use. But what if your job doesn’t offer this benefit? That can be a huge stress on your finances when you miss a day or two of work. This is when Proposition A would work for you.

If Proposition A passes Missouri will join 15 other states that require employers to offer sick leave. That is 30% of the country who identify this as a potential problem. According to Mployer, a benefits analytics firm, 79% of Missouri businesses provide a form of sick leave to their employees. So how does this proposition benefit employees?

1.     Increases minimum wage from $12.30 per hour to $13.75 per hour effective January 1st, 2025 and increases it to $15 per hour after January 1st, 2026.

2.     Earned paid sick leave begins to accrue upon employment or by May 1st, 2025.

3.     Allows employees to carry over up to 80 hours of sick leave each year.

4.     Employees can earn 1 hour of earned sick leave for every 30 hours worked.

5.     Allows employees to use hours as needed instead of requiring them to take a full day of leave.

6.     Prevents employers from forcing employees to find their own replacements for times they will use sick leave.

7.     Prevents employers from using earned sick leave against employees as part of absentee prevention.

This would be great for employees who don’t earn sick leave. Proposition A also accounts for not only physical ailments but advocates for mental health as well. This would be the first Missouri law that actively acknowledges an employee’s right to take leave for mental health. This proposition will also prioritize victims of domestic violence, sexual assault, or stalking in taking leave to help them recover.

But how does this affect businesses? Large companies with well implemented sick leave policies shouldn’t be affected. An HR audit on their leave program would make the best determination of areas they may have shortcomings on. However, small businesses might struggle a little more. Small business owners note that they are exempt from certain laws like the ADA, ADEA, and FLSA. So how will this proposition affect businesses in Missouri?

1.     Employers are required to give 1 hour earned sick leave for every 30 hours worked.

2.     Small businesses with fewer than 15 employees are required to allow employees to use up to 40 hours per year.

3.     Small businesses with 15 or more are required to allow employees to use up to 56 hours per year.

4.     Earned sick leave can be carried over each year up to 80 hours but does not require the employer to allow them to use 80.

5.     Requires postings for the new wages and earned sick leave to be posted by April 15, 2025.

6.     The new ruling does not go into effect until May 1, 2025 so no employee will be allowed to accrue until then.

7.     Gives employees the right to request and take leave at any time without being denied.

8.     Mandates that employers must find suitable replacements for the employee and not the employee themselves.

9.     Requires employers to accurately record hours for earned sick leave and make available upon demand to the State for 3 years.

There is a bit more to this proposition that employers may want to know but these are the highlights that would keep a business compliant with the law. Non-compliance with this could result in a $500 per day per violation and the possibility of being charged with a Class C Misdemeanor. Implementing a sound HR team to take care of this and that understands the law could save a business in the long run. All in all, this is a very pro worker bill and will bring great benefits in the future to all employees in Missouri. We need more laws that prioritize mental health in the workplace and Proposition A is a cornerstone in getting us there.

References

Employee leave benefits summary Missouri. Mployer. (n.d.). https://mployeradvisor.com/state-benefit-guides/employee-leave-benefits-summary-missouri