Almost everyone needs to take time off work occasionally — anywhere from a few days to a few months. Some reasons for taking leave are covered by the Family and Medical Leave Act (FMLA). This applies to employees in Missouri who need to take time off to care for a child or an ill family member, or to treat their own serious health condition.
But understanding your rights as an employee — and your obligations as an employer — can be tricky. Are all employers covered by FMLA in Missouri? Does FMLA provide paid leave or unpaid leave? And are there any state laws that might apply?
Let’s take a look at the eligibility requirements for FMLA in Missouri, and how you can use leave of absence automation to streamline and simplify the management process.
What Is FMLA in Missouri?
The Family and Medical Leave Act (FMLA) is a federal law that applies to employers throughout the U.S., including in Missouri. It allows some employees to take up to 12 workweeks of leave in a 12-month period for FMLA-qualifying reasons. Let’s look at what these reasons include.
The adoption or birth of a child
Eligible employees can take parental leave under FMLA in Missouri in the following three scenarios:
- The adoption of a child
- To bond with a newborn child
- The placement of a child in foster care
While pregnancy isn’t usually covered by parental leave, prenatal care may be eligible for FMLA in Missouri as a personal medical condition.
Responsibilities related to military service
Employees can take military leave under FMLA in the following two scenarios:
- To care for a covered service member (military caregiver leave)
- To respond to a deployment or qualifying exigency related to a family member’s reserve or active duty military service (military family leave)
Employees can take up to 26 weeks of military caregiver leave, which is more than the 12 weeks of leave usually allowed under FMLA in Missouri. Employees in the military may also be entitled to military leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
To care for a sick family member
FMLA regulations allow an employee to take time off to care for an immediate family member experiencing a serious injury, illness, or incapacity.
For personal medical reasons
FMLA leave is available to employees with a medical condition who need to take time off for inpatient care or ongoing medical treatment. Employees may be eligible for intermittent leave or a reduced schedule, but employers are allowed to verify their request with a medical certification from their health care provider.
FMLA Missouri: Eligibility Criteria and Entitlements
Not all employees in Missouri are eligible for FMLA. In Missouri, FMLA only applies to “covered employers,” which the U.S. Department of Labor (DOL.gov) defines as:
- State, federal, and local government agencies
- Public and private schools and educational departments
- Private-sector employees who have had at least 50 employees for at least 20 workweeks in the current or previous year
In addition, the employee must meet FMLA eligibility requirements, including:
- At least one year of employment with their employer
- At least 1,250 hours of work in the previous 12 months
- At least 50 employees working within a 75-mile radius of their job site
If an employee is eligible for FMLA in Missouri, they’re entitled to job-protected leave, which means they have certain employee rights. They can keep their health insurance while on leave, and they can return to the same job or an equivalent position.
If an employee’s leave request doesn’t meet the criteria for FMLA, they may still be able to take time off using other employee benefits or under other employment laws.
Are There Any Alternatives to FMLA in Missouri?
In Missouri, FMLA leave isn’t the only type of leave available, but it is the only law of its kind currently on the books. Missouri doesn’t have a family and medical leave act of its own, so most cases will be determined by federal law rather than state law.
That said, there’s one state law concerning paid leave that your human resources team should be aware of when navigating FMLA in Missouri:
Paid Sick Time (Proposition A)
In 2024, residents of Missouri voted to approve Proposition A, which went into effect on January 1, 2025. This law both increased the minimum wage and introduced new Paid Leave requirements: employees accrue one hour of leave per 30 hours of work.
Paid leave is capped at 40 hours per year for employers with fewer than 15 employees, and at 56 hours per year for employers with 15 or more employees. Although there’s no cap on how many hours can be accrued, employees can only carry over 80 hours per year. Paid leave can be used for a wide range of reasons, including:
- Preventive care
- Treatment for a mental or physical health condition
- To care for a sick family member
- To address domestic violence or stalking
If an employee takes paid leave under Proposition A, they may still be eligible for FMLA leave, but anything beyond their accrued sick time would be unpaid leave.
Documentation Requirements for FMLA in Missouri
Meeting your FMLA obligations as an employer includes getting all the paperwork right. Keep a record of each leave request, and ensure you collect the right FMLA forms and medical documents. Consider using cloud-based HR software like Pulpstream to store sensitive documents safely, securely, and confidentially.
There are three documentation requirements regarding FMLA in Missouri. Let’s see what they are.
Advance notice of leave
As an employer, it’s your responsibility to educate employees about their FMLA leave entitlements — usually in the form of FMLA posters or in your employee handbook.
In turn, employees are expected to give you advance notice of their leave request. The official notice period is 30 calendar days, but this may not always be possible in cases of unexpected illness or intermittent medical treatment.
Medical documentation
Employees may be asked to provide evidence of their FMLA-qualifying condition, such as a medical certification from their health care provider. Employers must give them sufficient time to obtain a certification (at least 15 days) and store this information separately from other personnel files.
FMLA designation notice
A FMLA designation notice informs the employee that you’ve approved or denied their leave of absence under FMLA. You should let them know within five business days of receiving enough information to make a decision.
When you use an HR automation platform like Pulpstream, your HR team can review employee leave requests instantly and make a decision more efficiently.
Manage FMLA in Missouri with Pulpstream
Employees in Missouri may be entitled to an unpaid leave of absence under federal law, as well as paid sick time under state law. Companies with 50 or more employees need to be prepared to comply with FMLA in Missouri, while companies of all sizes need to provide paid sick leave under Missouri’s Proposition A (as of January 1, 2025).
Pulpstream’s leave of absence automation platform helps HR teams meet their legal obligations in every state. Employees can submit leave requests using a self-service portal, and your HR team can assess them against state and federal laws.
Plus, you can create your own personal leave of absence policy and track employee attendance so you know exactly how much leave each employee has accrued.
Request a demo today to see how Pulpstream can streamline your FMLA process in Missouri.
