Voters Pass Paid Sick Leave Laws in Missouri, Nebraska, and Alaska

On November 5, 2024, voters in Missouri, Nebraska, and Alaska passed paid sick leave laws. Following is a summary of these laws.

Missouri Paid Sick Leave Laws

Beginning May 1, 2025, eligible employees will earn one hour of leave for every thirty hours worked up to 56 or 40 hours per year depending on employer size.

Employers Subject

Employer is defined broadly to include most employer/employee relationships. Employer does not include federal, state, or local governments, or school districts.

Eligible employee

Employee means any individual employed in the state by an employer. Certain very narrow exceptions apply to certain categories of employees.

Amount of leave

Employees accrue one hour of paid sick time for every 30 hours worked or an employer may choose to frontload paid sick time as set forth in the chart below.

Employers are not required to compensate an employee for accrued unused paid sick time upon the separation from employment. If there is a separation from employment and the employee is rehired within 9 months of separation by the same employer, previously accrued earned paid sick time that had not been used must be reinstated.

Use of leave

Earned paid sick time can be taken for one’s own needs or for the needs of a family member for the diagnosis or treatment of a physical or mental condition including preventive care services. In addition, leave can be taken for medical services or legal services due to domestic abuse, sexual assault, or stalking.

Leave may also be taken due to closure of a place of business, school, or day care due to a public health emergency.

Family member means a child, spouse, or parent, and is broadly defined to include siblings, grandparents, grandchild, or a person for whom the employee is responsible for providing or arranging health or safety-related care.

Coordination with employer’s existing PTO policy

If the employer offers a paid time off policy that meets all of the requirements of the law including duration and eligibility, among others. The employer need not provide additional leave.

Employer notice

By April 15, 2025, the employer must provide employees a written notice explaining the sick leave benefit. Notice shall be provided on a single piece of paper, at least 8.5 x 11, in no less than 14-point font and include the following information: (1) employees accrue paid sick time at the rate of 1 hour earned for every 30 hours worked (2) employers are prohibited from taking retaliatory action against employees who request or use paid sick leave (3) employees have a right to bring a civil action if paid sick leave is denied (4) the contact information for the Department. The employer shall display a poster in a conspicuous and accessible place in each establishment where such employees are employed only if made available by the Department of Labor and Industrial Relations. Employers will want to monitor the Department of Labor and Industrial Relations website to keep an eye out for this poster.

Employee notice

An employee may request earned paid sick time orally, in writing, or electronically and shall include the duration of the absence. If the earned paid sick time is foreseeable, the employee shall make a good faith effort to provide advance notice of the need for such time and shall make a reasonable effort to schedule the use of earned paid sick time in a manner that does not unduly disrupt the operations of the employer. If the need is not foreseeable, the employee should provide notice as soon as practicable.

If the need for leave is to be three or more consecutive workdays, the employer may request reasonable documentation that the leave is being used for a purpose covered by the law.

Record keeping

Employers will want to keep an eye on this law as the Missouri Supreme Court has agreed to hear a challenge to this law on March 12, 2025. Further, the Missouri legislature is considering some modifications to this law.

Nebraska Paid Sick Leave Laws

Beginning October 1, 2025, eligible employees will earn one hour of leave for every thirty hours worked up to 56 or 40 hours per year based on employer size.

Employers subject

Employer means a private sector employer employing at least one employee. Employer does not include the federal, state, or local governments.

Eligible employee

Employee means any individual employed in the state by an employer. Employee does not include an individual who works less than 80 hours in a calendar year or individuals subject to the federal Railroad Unemployment Insurance Act.

Amount of leave

Employees accrue one hour of paid sick time for every 30 hours worked or an employer may choose to frontload paid sick time as set forth in the chart below.

Employers are not required to compensate an employee for accrued unused paid sick time upon separation from employment. If an employee is rehired within 12 months of separation previously accrued paid sick time that had not been used must be reinstated.

Use of leave

Paid sick time can be taken for one’s own needs or for the needs of a family member for the diagnosis or treatment of a physical or mental condition including preventive care services. In addition, attendance at a school or other place of care meeting relating to a child’s health is a permissible reason for leave. Leave may also be taken due to closure of a place of business, school, or day care due to a public health emergency.

Family member means a child, spouse, or parent, and is broadly defined to include siblings, grandparents, grandchild, or any other individual related by blood to the employee or whose close association with the employee is the equivalent of a family relationship.

Coordination with employer’s existing PTO policy

If the employer offers a paid time off policy that meets all of the requirements of the law including duration and eligibility, among others. The employer need not provide additional leave.

Employer notice

Employers must provide to all employees written notice explaining paid sick leave. This notice must be given at the commencement of employment or by September 15, 2025, whichever is later.

Employers must also display a workplace poster describing the law in a conspicuous and accessible place in each establishment where employees are employed. If an employer does not maintain a physical workplace or has remote employees, the employer must provide notice electronically or through a web based or app-based platform.

The written notice and workplace poster is to be provided in English and any language that is the first language spoken by at least five percent of the employer’s workforce if the department has provided a notice/poster in such language. The Department of Labor will create and make available to employers the model notices and workplace posters in the required languages.

In addition, employers shall provide to each employee with the employee’s regular paycheck: the amount of paid sick time available to the employee, the amount of paid sick time taken by the employee to date in the year, and the amount of pay the employee has received as paid sick time.

Employee notice

Sick time may be requested orally. When possible, the request should include the expected duration of the absence. Any procedures required for requesting leave must be communicated in the form of a written policy. If the need for leave is to be more than three consecutive workdays, the employer may request reasonable documentation that the leave is being used for a purpose covered by the law.

Confidentiality

Any health information maintained by employer regarding an employee or employee’s family member shall: be maintained on a separate form and in a separate file from other personnel information; be treated as confidential medical records; and not be disclosed except to the affected employee or with the express permission of the affected employee.

The Nebraska legislature is considering legislation to exempt employers of 10 or fewer employees from the law. Employers will want to keep an eye on this.

Alaska Paid Sick Leave Laws

Beginning July 1, 2025, eligible employees will earn one hour of leave for every thirty hours worked up to 56 or 40 hours per year depending on employer size.

Employers subject

Employer means a private sector employer. Employer does not include the federal, state, or local governments.

Eligible employee

Employee means any individual employed in the state by an employer. Certain limited exceptions apply for which employees are excluded from the law.

Amount of leave

Employees accrue one hour of paid sick time for every 30 hours worked or an employer may choose to frontload paid sick time as set forth in the chart below.

Employers are not required to compensate an employee for accrued unused paid sick leave upon separation from employment. If an employee is rehired within 6 months of separation previously accrued paid sick leave that had not been used must be reinstated.

Use of leave

Paid sick leave can be taken for one’s own needs or for the needs of a family member for the diagnosis or treatment of a physical or mental condition including preventive care services. In addition, leave can be taken for medical services or legal services due to domestic abuse, sexual assault, or stalking.

Family member means a child, spouse, or parent, and is broadly defined to include siblings, grandparents, grandchild, aunt, uncle, or any other individual related by blood to the employee or whose close association with the employee is the equivalent of a family relationship.

Coordination with employer’s existing PTO policy

If the employer offers a paid time off policy that meets all of the requirements of the law including duration and eligibility, among others. The employer need not provide additional leave.

Employer notice

Employers must provide written notice to all employees that the employee is entitled to paid sick leave beginning July 1, 2025, at the commencement of employment or within 30 days of the law’s effective date, whichever is later.

Employee notice

If the need for paid sick leave is foreseeable, the employee shall make a good faith effort to provide advance notice of the need for such leave and shall make a reasonable effort to schedule the use of paid sick leave in a manner that does not unduly disrupt the operations of the employer. If the need for leave is to be more than three consecutive workdays, the employer may request reasonable documentation that the leave is being used for a purpose covered by the law.

Resource

Alaska’s Department of Labor and Workforce Development has issued FAQs on this law.

The information contained in this Benefit Beat is not intended to be legal, accounting, or other professional advice, nor are these comments directed to specific situations. This information is provided as general guidance and may be affected by changes in law or regulation. This information is not intended to replace or substitute for accounting or other professional advice. You must consult your own attorney or tax advisor for assistance in specific situations. This information is provided as-is, with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.