In Missouri, Must Employers Offer Me Benefits Such as Vacation Pay and Sick Leave?
Although Missouri employers must adhere to local, state, and federal employment laws, they are not required to provide vacation, severance, or sick leave pay. These benefits are left up to the employer’s discretion and their employment offer or contract with you as their employee. If you are given a written contract upon employment, any benefits (sick leave, specific time off, etc.) mentioned must be adhered to.
Additionally, your employer can provide sick or paid leave to one type (or group) of employees and not to another. Of course, this can be legally done only if the employer doesn’t discriminate against the employee for their race, age, national origin, etc.
Even if you are not contractually supposed to have sick or paid leave, if you feel you are being discriminated against, you should discuss your case thoroughly with a qualified, experienced leaves of absence lawyer and possibly file a complaint with the Missouri Commission on Human Rights.
What Laws Do Impact Missouri Employees and Their Rights?
As a state, Missouri does have a very diverse economy that includes agriculture, manufacturing, the service industry, tourism, and more.
That said, the state does have an established legal framework that governs employer-employee relations. Overall, Missouri’s labor laws are made to ensure the fair treatment of the state’s workers and provide a solid legal structure for the resolution of disputes.
These state (and federal) laws and statutes cover many workplace topics, such as minimum wage, overtime pay, basic leave policies, termination procedures, unemployment benefits, workplace safety regulations, etc.
Most of Missouri’s workplace-related laws are influenced by federal guidelines, such as the Fair Labor Standards Act (FLSA) and Missouri’s state-specific regulations. Missouri employers must comply with these laws to do business in the state and avoid potential litigation, penalties, fines, etc.
However, it must be stated that the state does lean towards giving employers a great deal of discretion when it comes to providing their employees with many of the benefits that may be mandatory in other states. Certain rights, such as the minimum wage and the conditions of your work environment, are legally upheld to promote a fair and safe working culture across all the varied industries in the state.
However, no matter your personal situation, every situation differs. If you feel that your employer has mistreated you, you should immediately seek a well-versed employment lawyer’s empathetic, knowledgeable, and professional advice. This is often the only rational and valid way to ensure you’re treated fairly under county, state, and federal guidelines; it could mean a lot to you and your family.
What Can I Expect If I Am Promised Paid Sick Leave or Time Off in Missouri?
Always remember that Missouri does not currently have a state-mandated sick leave policy. Therefore, any private business has the right to structure its own sick leave, vacation, and time off benefits as it sees fit. Most employers structure their sick leave and time off policies according to their operational needs.
So, when it comes to sick leave, the following is commonly the case:
- There is no state-mandated sick leave – Employers in Missouri are not legally mandated to provide sick leave to their employees.
- Sick leave policies – The employer determines whether and when sick leave is provided under company policy or contractual agreements.
- Compliance with employer sick leave policies – Employers offering sick leave benefits demand that employees adhere to established rules.
Therefore, as an employee, you must fully comply with and understand the specifics of your employer’s sick leave policy, including the time accrued, eligibility criteria, and any notification requirements before you take time off.
Additionally, taking time off for holidays (or any other family issues, etc.) is a matter of company policy, and your employer can set the rules for what is acceptable.
So, you must also note:
- There is no state-mandated holiday leave – Missouri law does not require private employers to provide holiday leave to their workers.
- Your employer’s holiday and time off policy – Your employer may choose to observe specific holidays and provide time off for specific personal issues. You must be fully aware of the conditions your company sets.
- Paid or unpaid leave offered – If holiday or personal leave is available, it can be provided on a paid or unpaid basis.
It is important to note that in Missouri, there are generally no laws prohibiting employers from requiring employees to work on holidays or take time off. Admittedly, this policy does lead to conflict in many cases.
Although it might not be generally known, if you must take time off for a family emergency or illness, you might still have state and federal rights you may not be aware of. Therefore, getting the professional, knowledgeable, and empathetic guidance of a Missouri leaves of absence lawyer is mandatory if an issue arises.
Are the Laws Being Changed to Provide Paid Sick Leave for Missouri Employees?
As of 2022, almost 77% of U.S. workers in the private sector had the right to paid sick leave. However, only 10% of these workers who earn the lowest wages had such leave, so many had to work while ill.
So, it’s beneficial to note that paid sick leave is expected to be on the 2024 ballot in Missouri.
Workers and Missourians for Health Families and Fair Wages collected over 210,000 signatures, more than double the amount needed to have this vital issue voted on, and submitted it to the Secretary of State’s Office.
If the item is voted on and passed, full-time employees would earn one hour of sick time for every 30 hours worked, and Missouri’s might also be increased.
Companies are beginning to see that investing in their employees increases productivity, morale, and the longevity of workers’ stays with the company.
So, be aware that this area of employment law is complex, and the rules are in flux. As a current employee, if you must take time off or aren’t getting the vacation you were promised, consulting with a qualified and experienced employment lawyer might help you and your family in myriad ways.
I Have an Issue with Getting the Paid Time Off of Sick Leave I Was Promised; What Should I Do?
Many loyal company employees have been promised vacations, needed to take unexpected time off, and other things vital to you and your family, only to have these requests denied. Currently, most companies in Missouri have complete control over paid sick leave, time off, and more.
But help is out there. Issues like sick leave and unexpected adverse events happen, and your livelihood and family’s future may be on the line; make sure you get qualified and up-to-date legal representation.
The leaves of absence lawyers at the Riggan Law Firm, LLC have over 30 years of experience ensuring workers like you obtain the rights you deserve and have earned. Call them today at 314-528-9661, and they will analyze your unique case and ensure that you and your family’s rights and financial future are fully protected.