Missouri voters approved Proposition A, enacting a new state-wide paid sick leave law beginning on May 1, 2025, barring any legal challenges or issues with certification of the official results by Dec. 10, 2024.

Who is Eligible for Paid Sick Time?

The new law applies to all private employers in Missouri. However, certain employees are excluded from coverage, including those engaged in educational, charitable, religious, or nonprofit activities; persons standing in loco parentis to foster children in their care; employees in retail or service businesses with annual gross sales below $500,000; and incarcerated criminal offenders.

Accrual, Frontloading, Carryover

Beginning May 1, 2025, eligible employees will accrue a minimum of one hour of paid sick leave for every 30 hours worked. Employers with at least 15 employees may limit employees to using 56 hours of paid sick time each year. All other employers may limit employees to using 40 hours of paid sick time annually.

Employers may provide paid sick time as it is accrued or frontload all the earned paid sick time that an employee is expected to accrue in a year at the beginning of the year.

At the end of a year, generally, employers must allow employees to carry up to 80 hours of unused earned paid sick time to the next year. Employers who chose the carryover option may still limit an employee to using no more than the applicable annual use cap. Alternatively, the employer may pay an employee for unused earned paid sick time but employers who chose to pay out instead of carry-over employees’ unused accrued paid sick leave must provide the employee with an amount of paid sick time that meets or exceeds the requirements of the statute for immediate use at the beginning of the year.

Use of Paid Sick Time

Earned paid sick time may be used for:

  • An employee’s mental or physical illness, injury, or health condition, including diagnosis, treatment, and preventive medical care;
  • Care of a family member with a mental or physical illness, injury, or health condition, including diagnosis, treatment, and preventive medical care;
  • Closure of the employee’s place of business due to a public health emergency, or to care for a child whose school or place of care has been closed for the same, or to care for oneself or family member in the event of exposure to a communicable disease; or
  • Necessary absence due to domestic violence, sexual assault, or stalking, provided the leave is to allow the employee or employee’s family member to obtain medical attention, victim services, psychological or other counseling, relocation, or legal services.

Notice and Documentation

Written notice about the new paid sick leave law must be given to employees within 14 calendar days of the commencement of employment or on April 15, 2025, whichever is later. The Missouri Department of Labor and Industrial Relations is expected to publish a model notice and poster.

Earned paid sick leave should be provided upon an employee’s request made orally, in writing, by electronic means, or otherwise acceptable to the employer with the expected duration of the absence, if possible.

Among other things, employers can require employees:

  • To make a good-faith effort to provide reasonable notice of foreseeable use and schedule time that does not unduly disrupt employer operations; and
  • To provide notice as soon as practicable for unforeseeable use.

For use of earned paid sick time of at least three consecutive workdays, an employer may require “reasonable documentation” to confirm the need for the time. A written statement from the employee affirming the employee is taking leave for a qualifying purpose may be sufficient. Employers may not require the documentation explain the nature of any illness, details of underlying health needs, or details of domestic violence, sexual assault, or stalking, unless otherwise required by law.

Employers may not require the employee to find a replacement worker to cover the hours during which they will be absent.

Earned paid sick time may be used in the smallest increment the employer’s payroll system uses to account for absences or use of other time.

Record Retention

Employers must retain records documenting the hours worked by employees and earned paid sick time taken for at least three years. The Missouri Department of Labor and Industrial Relations may access those records to monitor legal compliance.

Unless as otherwise required by law, any health or safety information an employer receives concerning an employee or employee’s family member must be treated as confidential medical records.

Employer Policies

The new law promulgated by the passage of Proposition A provides minimum requirements for earned paid sick time. Employers with existing paid leave policies that provide sufficient leave that meets the minimum requirements of the law are not required to provide employees with additional paid time off. However, all employers – even those with existing generous paid leave policies- should carefully evaluate all requirements including the law’s notice, documentation and carryover/payout requirements.

Employers are encouraged to consult counsel to ensure they understand and comply with all new requirements.

Missouri’s new paid sick leave law and paid sick leave ballot measures voters approved in Alaska and Nebraska are included in our leave law map database that provides subscribers with a detailed explanation of state and local leave laws around the country. The Leave and Accommodation Suite is developed and updated continually by our Disability, Leave & Health Management attorneys. Register here if you would like to learn about our Leave & Accommodation Suite.

Nebraska voters overwhelmingly approved Initiative 436, which adopts the Nebraska Healthy Families and Workplaces Act. The Act requires private employers to provide paid sick time to all employees regardless of the size of the employer beginning on Oct. 1, 2025.

Who is Eligible for Paid Sick Time?

The new law applies to all employees who work in Nebraska for at least 80 hours in a calendar year. The only exceptions are for employees who are subject to the federal Railroad Unemployment Insurance Act, and those employed by federal or state government, state agencies, state departments and political subdivisions. 

Accrual, Frontloading and Carryover

Under the Act, employees are entitled to a minimum of 1 hour of paid sick leave for every 30 hours worked, up to a cap. Employers with at least 20 employees must provide up to 56 hours of paid sick time per year. Employers with between 1 and 19 employees (including full-time, part-time, and temporary employees) must provide up to 40 hours of paid sick time per year.

Employers can either provide paid sick time on an accrual basis or they can frontload the employee’s anticipated annual paid sick time accrual at the beginning of the year. Generally, accrued paid sick time will carry over from year to year. There is an option to pay out all unused paid sick time at the end of the year, but employers who chose to pay out instead of carry-over employees’ unused accrued paid sick leave must provide an employee with the amount of paid sick leave that meets or exceeds the requirements of the statute for immediate use at the beginning of the year.  

Use of Paid Sick Time

Accrued paid sick time may be used for: 

  • An employee’s mental or physical illness, injury, or health condition, including diagnosis, treatment and preventive care; 
  • Care of a family member with a mental or physical illness, injury or health condition, including diagnosis, treatment and preventive care. In the case of a child, paid sick time may also be used to attend a meeting necessitated by the child’s mental or physical illness, injury, or health condition, at a school or place where the child is receiving care; or 
  • In certain circumstances, public health emergencies or an employee’s or employee’s family member’s exposure to a communicable disease.

Notice and Documentation

The Act imposes restrictions on the notice, documentation, and information an employer can require from employees:

  • Employees can orally request to use paid sick time.
  • Employers may adopt reasonable procedures for employees to provide notice of the need to use paid sick time. However, the notice procedure must be in writing and provided to employees. 
  • Employers cannot require employees to search for or find a replacement to cover their sick leave hours. 
  • Employers can only require “reasonable documentation” to confirm the need for paid sick time if an employee misses more than three consecutive workdays. To the extent an employee or family member did not visit a healthcare provider during that time, the employee is specifically permitted by the Act to provide their own written statement that the leave was taken for a qualifying reason.
  • Employers cannot require employees to disclose details of the employee’s or the employee’s family member’s health information. 

Notice of employee rights under the Act must be provided to employees and posted no later than Sept. 15, 2025, and thereafter at the commencement of employment. The Nebraska Department of Labor will publish model notices and posters for employers.

Employer Policies

Employers may be able to use existing paid leave policies to comply with the Act, but still must follow the Act’s notice, documentation, and anti-retaliation provisions. It is unlikely that currently existing policies providing for a greater amount of paid sick time or general paid time off (PTO) will meet all those requirements without some revisions. As we have seen in other states with similar (or less onerous) requirements, some employers in Nebraska may choose to implement separate sick and vacation policies, if they don’t have them already, and carefully evaluate any unlimited PTO policies. The impact of Nebraska law requiring payout of unused PTO at termination should also be considered.

Employers should be on the lookout for more guidance from the state enforcement agency regarding how the law will be interpreted, including but not limited to the impact on employees who regularly work outside the state but occasionally perform work within the state.

Employers should consult with counsel to ensure they understand the Act’s requirements and are prepared to comply by next fall. 

Nebraska’s new paid sick leave law and paid sick leave ballot measures voters approved in Alaska and Missouri are included in our leave law map database that provides subscribers with a detailed explanation of state and local leave laws around the country. The Leave and Accommodation Suite is developed and updated continually by our Disability, Leave & Health Management attorneys. Register here if you would like to learn about our Leave & Accommodation Suite.

As of Nov. 21, 2024, Massachusetts employees may use earned sick time to address physical and mental health needs following a pregnancy loss or failed assisted reproduction, adoption, or surrogacy under an amendment to the Massachusetts Earned Sick Time Law.

Earned Sick Time Law

Originally passed by ballot measure in November 2014 and effective as of July 1, 2015, the Massachusetts Earned Sick Time Law requires employers to allow workers to accrue and use up to 40 hours of sick leave each calendar year. Employees must be allowed to accrue a minimum of one hour of earned sick time for every 30 hours worked. Employers with 11 or more employees must provide paid sick time. Employers with fewer than 11 employees must provide earned sick time, but it does not need to be paid.

The pre-amendment statute requires employers to allow employees to use accrued time off to:

  1. care for the employee’s child, spouse, parent, or parent of a spouse, who is suffering from a physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care; or
  2. care for the employee’s own physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care; or
  3. attend the employee’s routine medical appointment or a routine medical appointment for the employee’s child, spouse, parent, or parent of spouse; or
  4. address the psychological, physical or legal effects of domestic violence.

Amendment

The amendment includes a new subsection that, beginning on Nov. 21, 2024, requires employers to allow employees to use accrued time to:

  1. address the employee’s own physical and mental health needs, and those of their spouse, if the employee or the employee’s spouse experiences pregnancy loss or a failed assisted reproduction, adoption or surrogacy.

Although employees may have been entitled to take time off for their own or a spouse’s pregnancy loss under subsection (1) or (2), depending on the circumstances, new subsection (5) guarantees accrued time can be used in all cases of pregnancy loss and expands protections to include failed attempts at growing an employee’s family, such as failed in vitro fertilization or adoption.

The amendment was included in a larger bill entitled “An Act Promoting Access to Midwifery Care and Out-of-Hospital Birth Options.” The bill focuses on improving maternal health care, both physical and mental, and expanding protections for families and children, including those seeking fertility treatment and adoption.

Next

Employers should expect the Office of the Attorney General to publish an updated notice of employee rights related to earned sick time that includes the expanded list of reasons employees may use earned sick time. The paid leave landscape is continually changing, and employers should contact a Jackson Lewis attorney for recommendations on compliance.

Each year, the New York State Department of Financial Services announces changes to the employee contribution rate and benefit amounts under the New York Paid Family Leave Law (NY PFL) effective the next year. It has announced changes effective Jan. 1, 2025.

The following are the announced changes to the NY PFL:

  1. The contribution rate for 2025 will be 0.388% of an employee’s gross wages per pay period, for a maximum annual contribution of $354.53. This contribution rate reflects an increase from the 0.373% rate in 2024.

    All employers should take steps to ensure the correct contribution rate is withheld as of Jan. 1, 2025. Although not required, employers may choose to notify employees of the increase to the contribution rate.
  2. The maximum weekly benefit amount will be $1,177.32 per week.

    As a result of the Department’s increase to the New York State Average Weekly Wage (NYSAWW) for 2025, the maximum weekly benefit amount available to individuals has been changed to $1,177.32. This amount represents 67% of the NYSAWW for 2025, which the Department set at $1,757.19. The 2025 benefit represents an increase from the 2024 benefit of $1,151.16 per week.

For additional guidance, please contact a Jackson Lewis attorney.

New legislation goes into effect on January 1, 2025 eliminating employers’ ability to require employees to use accrued vacation leave before accessing California’s Paid Family Leave Program. You can read more about this change here from Jackson Lewis attorney Angela S. Rho.

California Governor Newsom recently signed a bill impacting employers’ obligations when it comes to providing time off for jury duty, court attendance and for employees who are victims of certain crimes along with their family members. Jackson Lewis attorney Sayaka Karitani explains these developments here.

The Massachusetts Department of Family and Medical Leave has announced changes to the employer contribution rates and benefit amounts under the Paid Family and Medical Leave Act (PFMLA) effective January 1, 2025.

Each October 1st, the Department of Family and Medical Leave is required to update employer contribution rates and benefit amounts for the upcoming year. The change in benefit amounts is based on the average weekly wage in the Commonwealth and the change in contribution rates is to be made to ensure the Fund’s solvency for paying out benefits.

Following are the announced changes to the PFMLA:

1. The benefit contribution rate for employers remains .88% of eligible wages.  The Department did not change the benefit contribution rate for 2025.  The benefit contribution rate will remain .88% of eligible wages (which are wages up to the social security contribution limit).

The specific benefit contribution rates are as follows:

  1. For employers with 25 or more covered individuals, for the family leave contribution, the employer can withhold .18% of eligible wages. As for the medical leave contribution, the employer can withhold .28% of eligible wages and is responsible for paying .42% of eligible wages directly.
  2. For employers with 24 or fewer covered individuals, for the family leave contribution, the employer can withhold .18% of eligible wages. As for the medical leave contribution, the employer can withhold .28% of eligible wages. For these smaller employers, the employer has no obligation to pay the employer share for medical leave.

These new contribution rates apply equally to employers that have private plans, so all employers must review their plans and contribution rates to ensure continued compliance for January 1, 2025.  Since there is no change in contribution rates, there is no requirement to notify current employees of the change (but employers may wish to do so, if employers have a practice of doing so on an annual basis)

2. The maximum weekly benefit amount will be $1,170.64 per week.

The Department increased the maximum weekly benefit amount available to individuals to $1,170.64. This benefit is keyed off the Commonwealth’s average weekly wage and is an increase from the current amount, which is $1,149.90 a week.

For additional guidance, please contact a Jackson Lewis attorney.

Jackson Lewis attorneys Monica Bullock and Briana Antuna provide an insightful analysis of Senate Bill 1105, which expands paid sick leave for agricultural employees to include emergencies like smoke, heat, or flooding. This change takes effect on January 1, 2025. Read their take on this important legislative update here.

The Maine Department of Labor (DOL) announced revised proposed rulemaking for the Maine Paid Family and Medical Leave Program. This comes on the heels of the first draft of proposed rules issued on May 20, 2024.

Public comment is open through Sept. 30, 2024. Comments can be submitted here.

Maine DOL’s rulemaking follows the Maine Legislature’s passage of the new law in 2023. Employees can begin receiving paid leave benefits effective on May 1, 2026, and employer contributions to the plan funding those benefits begins on Jan. 1, 2025.

The proposed rules provide greater detail as to how the DOL plans to implement and enforce the new program. Although they are substantially similar to the initial proposal, the revised rules contain a number of relatively minor changes and reorganizations and seven significant changes:

  1. Bona fide volunteers will be excluded from the program’s coverage.
  2. Federal employees will be excluded from coverage.
  3. Previous drafts limited who is a covered employee based on a threshold wage amount earned in prior quarters. Under the latest draft, all Maine employees are covered employees. However, to receive benefits, employees must have earned wages in Maine at least six times the state average weekly wage during the first four of the last five completed calendar quarters immediately preceding the first day of an individual’s benefit year.
  4. The previous draft placed the burden on employers to prove an undue hardship. The latest revision allows employers to “reasonably determine that scheduling of leave creates an undue hardship.”
  5. If an employee seeks medical leave and the employee’s medical provider rejects the employer’s proposed schedule, then the employer requirement to prove undue hardship does not apply.
  6. All covered employers will be required to use online registration.
  7. Acceptance of applications for substitute private plans will begin on April 1, 2025. This allows employers to apply well before the prior opening date of Jan. 1, 2026.

As the DOL continues its process of finalizing rules to implement the program, please contact a Jackson Lewis attorney with any questions.