Background: the sick leave law that was—and wasn’t
Missouri employers are preparing for another pivot in the state’s paid leave requirements. Just months after businesses scrambled to comply with new sick leave rules under Proposition A, the Missouri legislature hit rewind. With the passage of House Bill 567, the mandatory Earned Paid Sick Time (EPST) law is nearing its repeal, effective August 28, 2025.
Prop A’s short-lived reign brought changes for Missouri businesses: new accrual rules, usage policies, and plenty of paperwork. So, what’s the result of the repeal? Employers must navigate not just a compliance pivot, but also a legal gray zone without official guidance or precedent.
Add to this the “private right of action” provided by Prop A, and you have a situation where future lawsuits—not state agencies—may set the rules for what’s considered compliant. So, what should employers do now, and how do you handle the sick leave your employees have already earned? Read on for our updated FAQs to inform your decisions.
FAQs: surviving the sick leave switch-up
Is Prop A still in effect?
Yes. Prop A remains the law until August 28, 2025. You must continue to comply with all paid sick leave requirements—including those related to notice, accrual, and usage—until at least that date.
Do employees still accrue, and can they use, EPST until August 28?
Yes. Accrual must continue until the repeal is official. Employees must be allowed to use any available EPST, for covered purpose under the law, until then.
What if our PTO policy is already generous or more generous than Prop A?
If your policy already meets or beats Prop A, you’re in good shape. No need to change unless you want to—but you must remain compliant until August 28.
After August 28: what happens to unused sick time?
With no official guidance, employers face a risk spectrum, though there are clear answers in some instances.
Bottom line: The more generous and transparent you are, the safer you are from legal risk—but at a higher fiscal cost. The more you cut off or retract, the riskier your position is from a legal standpoint.
Other burning questions
Do we have to pay out unused sick time as of August 28?
This is not required by Prop A but paying out up to 80 hours, if the time was frontloaded, is the safest move if you want to avoid legal challenges.
Can we change our leave policies after August 28?
Yes. Just follow your own policy’s notice requirements and communicate clearly with employees.
Can we take down Prop A posters?
Yes, on or after August 28. Consider updating employees in writing about any changes and how you’re handling accrued EPST.
Do we need to keep records?
Yes. Out of an abundance of caution, hang on to your Prop A compliance records for at least three years (i.e., until August 28, 2028). Employees likely can sue for violations that happened before August 28, notwithstanding the repeal, so you may need those records in defending any such lawsuit.
Will minimum wage still increase?
Yes. The $15/hour minimum wage kicks in on January 1, 2026. But future automatic increases tied to inflation are gone.
Looking ahead: could sick leave come back?
Don’t get too comfortable; there’s a 2026 ballot initiative that could bring paid sick leave back, this time as a constitutional amendment. If passed, it’ll be much more difficult for lawmakers to undo.
Should you maintain Prop A-style policies, just in case?
Whether to do so is a business decision. Some employers may choose to stick with their current Prop A-compliant policies in an attempt to stay compliant with any future changes.
Resources
For the 2026 ballot language, visit the Missouri Secretary of State’s Initiative & Referendum Petitions page (2026-47).
Contact us
This FAQ is for general informational purposes only and does not constitute legal advice. Please consult Joe Glynias, Courtney Steelman, Christina Sbrocchi, or your Husch Blackwell attorney for guidance specific to your situation.