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Missouri FMLA

Public-Sector Employers (Mo. Code of State Reg. 60-3.040)

Missouri's family and medical leave law conforms closely with the FMLA. The differences are noted below. Otherwise Missouri follows FMLA and is considered a "single public employer" for the law's purposes.

Substitution of Paid Leave

When an employee requests family or medical leave, the employer may require accrued sick leave to be used before taking unpaid leave.

Use of Sick Leave

Accrued paid sick leave may be used for:

  • The employee's incapacitating illness, injury, pregnancy, childbirth and recover, medical exams, and treatment or exposure to contagious disease that would jeopardize other's health; or
  • The illness of the employee's child, spouse, other relatives or members of household, if the employee's personal care is required.

Annual and sick leave are calculated in multiples of one-quarter hour. Employees must submit a statement indicating that the leave was taken for an allowable reason. Sick leave is not accrued while on leave of absence without pay.

Leave for Adoptive Parents

Missouri's law grants leave to parents when adopting a child.

  • Adoptive parents who are employed by the state may use accrued sick leave, annual leave, compensatory time or leave without pay to take time off to arrange for adoption or placement of a child for adoption.
  • Only persons who are "primarily responsible for furnishing the care and nurture of the child" are permitted to request adoptive parent's leave.

Medical Donations

  • Public employees are entitled to five days of paid leave for bone marrow transplants.
  • Written notice is required.
  • Public employees are entitled to 30 workdays of paid leave to donate an organ if written verification is provided to the employer.
  • For purposes of pay advancement or other benefits, medical donation leave shall be treated as though no interruption in employment occurred.
Missouri laws on FMLA

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