Effective August 28, 2021, Missouri became the latest state to mandate job-protected, unpaid leave and reasonable safety accommodations when an employee or a family or household member is a victim of domestic or sexual violence. (Kansas has had similar – although different – leave requirements since 2007. See K.S.A. 44-1131 and 1132. A summary of this legislation is available here Summary of KS Leave for Domestic Violence sexual Assault_)
Key provisions of this Missouri law include:
Covered employers include the State, any agency or political subdivision of the State, or any person that employs at least twenty (20) employees.
- An employee is eligible to take a leave for any of these qualifying reasons:
- Employees are eligible as of date of hire.
- Seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic or sexual violence to the employee or the employee’s family or household member;
- Obtaining services from a victim services organization for the employee or the employee’s family or household member;
- Obtaining psychological or other counseling for the employee or the employee’s family or household member;
- Participating in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety of the employee or the employee’s family or household member from future domestic or sexual violence or to ensure economic security; or
- Seeking legal assistance or remedies to ensure the health and safety of the employee or the employee’s family or household member, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic or sexual violence.
- “Family or household member” is defined as: spouse, parent, son, daughter, other person related by blood or by present or prior marriage, other person who shares a relationship through a son or daughter, and persons jointly residing in the same household.
- Depending on the number of employees they employ, employers must provide up to the following leave, which may be taken continuously, intermittently, or on a reduced schedule.
- Employers with 20-49 employees must provide an employee one (1) workweek of unpaid leave per year.
- Employers with 50 or more employees must provide an employee two (2) workweeks of unpaid leave per year.
- The statute expressly states that it “shall not create a right for an employee to take unpaid leave that exceeds the amount of unpaid leave time allowed under the federal Family and Medical Leave Act.” Absences to seek medical treatment for domestic or sexual violence could overlap with FMLA leave, if the employee is FMLA-eligible. It remains to be seen how/whether this limiting provision will apply to VESSA-qualifying absences that are not covered by FMLA – such as court appearances, seeking legal assistance, etc.
- Employers must maintain healthcare coverage for employees while on VESSA leave.
- Employers must also make reasonable safety accommodations in a timely manner unless such accommodations would result in undue hardship to the employer.
- Employees are required to give their employers at least 48 hours’ advance notice, unless providing such notice is not practicable.
- When an unscheduled qualifying absence occurs, the employer cannot take action against the employee if the employee provides “within a reasonable period after the absence” certification that the absence qualified under VESAA. The “reasonable period of time” is undefined.
Employers must notify incumbent employees of this new law by October 27, 2021. All future new hires must receive notice upon starting employment. See MO DOL – Domestic Violence Posting. Employers should review and update employee handbooks and/or applicable company policies and train Human Resources professionals and supervisors to recognize situations that trigger VESSA leave or accommodation rights for employees.
This post is not intended to provide a comprehensive summary of this legislation. Additional details may be found MO DOL & Industrial Relations. If you have further questions, check with us at FineLine HR Consulting.
