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Summary of differences between federal and state regulations
The federal Fair Labor Standards Act does not require payment for time not worked, nor does it regulate vacation pay, holiday pay, or other paid time off. These types of benefits are generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Adoption leave
Employee eligibility
To be eligible for leave benefits, an employee must simply be employed by the state of Missouri, its departments, agencies, or political subdivisions. Unlike the FMLA, an employee does not need to work a specified number of months or hours to be eligible for leave.
Leave entitlement
Leave is only available to the extent of an eligible employee’s accrued sick leave, annual leave, or the same unpaid leave that’s granted to biological parents.
Reasons for leave
An eligible employee may take leave for:
- The adoption of a child, which includes time off for purposes of arranging for the adopted child’s placement or caring for the child after placement, and
- To care for a stepchild.
Leave may only be requested by an employee who is primarily responsible for furnishing the care and nurture of the child.
Maintenance of health benefits
There is no state provision which requires an employer to maintain coverage under any group health plan while the employee is on leave; however, the FMLA requires that covered employers continue to provide group health insurance.
Job restoration
Unlike the FMLA, Missouri does not provide job restoration rights to employees.
Notice
Unlike the FMLA, Missouri does not mandate any notice requirements.
Jury duty
Missouri law doesn’t require private employers to pay employees on jury duty.
Missouri law requires state employees to be paid for jury duty.
Paid time off (PTO)
Missouri law does not require vacation pay. However, if an employer chooses to provide paid time off benefits, it must follow the terms and conditions established in its policy.
Respond to Subpoena
Missouri state law provides that employers may not discharge or discipline any witness, victim, or member of a victim's immediate family for honoring a subpoena to testify in a criminal proceeding or for participating in the preparation of a criminal proceeding.
Sick leave
State employees may also take paid sick leave for periods in which the employee is incapacitated by sickness; injury; pregnancy, childbirth, and recovery; medical, surgical, dental, or optical exams or treatment; or where exposure to contagious disease would jeopardize the health of others.
Full-time employees receive pay based on the pay period in which they are covered and the quantity of hours they work. If they are paid on a semi-monthly pay period, their pay is computed at the rate of five hours for each semi-month for 80 or more hours. If they are paid on a semi-monthly period, sick leave will be credited at the rate of 1/2 the full-time accrual rate for semi-months in which the employee works (was on paid status) from 40 hours and prorated for all hours in which they work from 40 to 80 hours.
Upon return from sick leave, employees must provide a statement indicating that the absence was due to illness, disease, disability, or other qualifying reason.
Volunteer firefighters
Volunteer firefighters and members of medical assistance teams are protected from discharge if they are absent from employment (or arrive late) because they respond to an emergency. Employers do not have to pay for the absence, and may require a written statement from a volunteer supervisor regarding the emergency.
Voting
Missouri law allows employees time three hours off to vote. Pay deductions are not allowed. This time off for voting doesn’t apply if there are three consecutive nonworking hours during the time the polls are open. Employee must request leave of absence prior to the day of election and the employer can specify the hours taken off.
Federal
Contacts
None.
Regulations
None.