Missouri Differences From the Federal FMLA

Missouri's family and medical leave laws conform closely to the federal Family Medical Leave Act. That means all employees can take up to 12 weeks of unpaid leave for either their own or a loved one's illness or injury as well as certain other family-related matters.

The FMLA allows all employees to take up to 12 weeks of unpaid leave when they or a loved one is sick or injured. If they choose, employees can use accumulated leave such as sick or vacation time before taking unpaid leave. FMLA leave can be used:

• Following the birth of a newborn child;


• Following the placement of an adopted or foster child;


• To care for a spouse, child or parent with a serious health condition;


• To take medical leave from work when the employee has a serious health condition;


• When the employee's spouse, child or parent is on active duty military service and has been notified of an impending deployment;


• When the employee's spouse, child or parent is injured or becomes sick during military service and the employee must be absent from work to care for the relative. Up to 26 weeks of annual leave are allowed for this purpose.

Use of Sick Leave

Missouri state law gives employers the right to require employees to use accrued paid sick leave before taking unpaid leave for family or medical leave. Accrued paid sick leave may be used for:

• an employee's own incapacitating illness, injury, pregnancy, childbirth, medical exam and treatment or exposure to contagious disease that would jeopardize the health of others;


• an employee needs to care for their child, spouse, other relatives or members of household, due to illness.

Missouri laws dictate that annual and sick leave are to be calculated in multiples of one-quarter hour. Employees must submit a written statement indicating that the leave was taken for an allowable reason. Sick leave cannot be accrued while employees are on any unpaid leave of absence.

Leave for Adoptive Parents

Missouri state law grants leave to parents adopting a child. Adopting parents employed by the state may use accrued sick leave, annual leave, compensatory time or leave without pay to take time off to arrange for the adoption or placement of a child.

Medical Donations

Public employees are entitled to five days off for bone marrow transplants. These employees are also entitled to 30 workdays of paid leave to donate an organ. Written verification must be provided to the employer. Employers must continue to provide health insurance and other benefits throughout the period the employee takes leave for organ or marrow donations.