Missouri's law regarding overtime pay can be located in Title XVIII, Chapter 290 of the Missouri Revised Statutues.

• 290.500.Definitions.
• 290.505.Overtime compensation, applicable number of hours, exception.
• 290.507.Agriculture, law not applicable.
• 290.525.Violations--penalty.
• 290.527.Action for underpayment of wages, employee may bring--limitation.
• 290.528.Law not to supersede more favorable existing law.
• 290.530.Law not to interfere with collective bargaining rights.

Definitions.
290.500.

As used in sections 290.500 to 290.530, the following words and phrases mean:

(1) "Agriculture", farming and all its branches including, but not limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural commodities, the raising of livestock, fish and other marine life, bees, fur-bearing animals or poultry and any practices performed by a farmer or on a farm as an incident to or in conjunction with farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market;

(2) "Director", the director of the department of labor and industrial relations or his authorized representative;

(3) "Employee", an individual employed by an employer, except that the term "employee" shall not include:

(a) Any individual employed in a bona fide executive, administrative, or professional capacity;

(b) Any individual engaged in the activities of an educational, charitable, religious, or nonprofit organization where the employer-employee relationship does not, in fact, exist or where the services rendered to the organization are on a voluntary basis;

(c) Any individual standing in loco parentis to foster children in their care;

(d) Any individual who receives a minimum wage pursuant to the Fair Labor Standards Act of 1938, as amended, including individuals employed by an employer covered by 29 U.S.C. 203, or other applicable federal law;

(e) Any individual employed for less than four months in any year in a resident or day camp for children or youth, or any individual employed by an educational conference center operated by an educational, charitable or not-for-profit organization;

(f) Any individual engaged in the activities of an educational organization where employment by the organization is in lieu of the requirement that the individual pay the cost of tuition, housing or other educational fees of the organization or where earnings of the individual employed by the organization are credited toward the payment of the cost of tuition, housing or other educational fees of the organization;

(g) Any individual employed on or about a private residence on an occasional basis for six hours or less on each occasion;

(h) Any handicapped person employed in a sheltered workshop, certified by the department of elementary and secondary education;

(i) Any person employed on a casual basis in domestic service employment to provide baby-sitting services, any person employed in the domestic service of any family or person at his home, and any employee employed in domestic service employment to provide companionship services for individuals who because of age or infirmity are unable to care for themselves;

(j) Any individual employed by an employer subject to the provisions of Part I of the Interstate Commerce Act;

(k) Any individual employed on a casual or intermittent basis as a golf caddy, newsboy, or in a similar occupation;

(l) Any individual whose earnings are derived in whole or in part from sales commissions and whose hours and places of employment are not substantially controlled by the employer;

(m) Any individual subject to the minimum wage provisions of applicable federal law or any individual who is employed in any government position defined in 29 U.S.C. 203(2)(c)(i) and (ii);

(n) Any individual employed by a retail or service business whose annual gross volume sales made or business done is less than five hundred thousand dollars;

(o) Any individual who is an offender, as defined in section 217.010, RSMo, who is incarcerated in any correctional facility operated by the department of corrections, including offenders who provide labor or serviceson the grounds of such correctional facility pursuant to section 217.550, RSMo;

(p) Any individual described by the provisions of section 29 U.S.C. 213(a)(8);

(4) "Employer", any individual, partnership, association, corporation, business, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee;

(5) "Learner and apprentice", any individual who has not completed the required training for a particular job. In no event shall the individual be deemed a learner or apprentice in the occupation after three months of training except where the director finds, after investigation, that for the particular occupation a minimum of proficiency cannot be acquired in three months. In no case shall a person be declared to be a learner or apprentice after six months of training for a particular employer or job. Employees of an amusement or recreation business that meets the criteria set out in 29 U.S.C. 213(a)(3) may be deemed a learner or apprentice for ninety working days. No individual shall be deemed a learner or apprentice solely for the purpose of evading the provisions of sections 290.500 to 290.530;

(6) "Occupation", any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which individuals are gainfully employed;

(7) "Wage", compensation due to an employee by reason of his employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value.

Overtime compensation, applicable number of hours, exception.
290.505.

1. No employer shall employ any of his employees for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.

2. Employees of an amusement or recreation business that meets the criteria set out in 29 U.S.C. 213(a)(3) must be paid one and one-half times their regular compensation for any hours worked in excess of fifty-two hours in any one-week period.

Agriculture, law not applicable.
290.507.

Sections 290.500 to 290.530 shall not apply to any employee or employer engaged in agriculture, as defined in section 290.500.

Director may investigate to prove compliance.
290.510.

The director shall have authority to investigate and ascertain the wages of persons employed in any occupation included within the meaning of sections 290.500 to 290.530.

Employer to keep records--director may inspect, records to be confidential.
290.520.

Every employer subject to any provision of sections 290.500 to 290.530 or any regulation issued under sections 290.500 to 290.530 shall make and keep for a period of not less than three years on or about the premises wherein any employee is employed or at some other premises which is suitable to the employer, a record of the name, address and occupation of each of his employees, the rate of pay, the amount paid each payperiod to each employee, the hours worked each day and each workweek by the employee and any goods or services provided by the employer to the employee as provided in section 290.512. The records shall be open for inspection by the director by appointment. Where the records required under this section are kept outside the state, the records shall be made available to the director upon demand. Every such employer shall furnish to the director on demand a sworn statement of time records and information upon forms prescribed or approved by the director. All the records and information obtained by the department of labor and industrial relations are confidential and shall be disclosed only on order of a court of competent jurisdiction.

Summary of law and wage rate, employer to post, how.
290.522.

Every employer subject to any provision of sections 290.500 to 290.530 or of any regulations issued under sections 290.500 to 290.530 shall keep a summary of sections 290.500 to 290.530, approved by the director, and copies of any applicable wage regulations issued under sections 290.500 to 290.530, or a summary of the wage regulations posted in a conspicuous and accessible place in or about the premises wherein any person subject thereto is employed. Employers shall be furnished copies of the summaries and regulations by the state on request without charge.

Violations--penalty.
290.525.

Any employer who hinders the director in the performance of his duties in the enforcement of sections 290.500 to 290.530 by any of the following acts is guilty of a class C misdemeanor:

(1) Refusing to admit the director to any place of employment;

(2) Failing to make, keep and preserve any records as required under the provisions of sections 290.500 to 290.530;

(3) Falsifying any record required under the provisions of sections 290.500 to 290.530;

(4) Refusing to make any record required under the provisions of sections 290.500 to 290.530 accessible to the director;

(5) Refusing to furnish a sworn statement of any record required under the provisions of sections 290.500 to 290.530 or any other information required for the proper enforcement of sections 290.500 to 290.530 to the director upon demand;

(6) Failing to post a summary of sections 290.500 to 290.530 or a copy of any applicable regulation as required;

(7) Discharging or in any other manner discriminating against any employee who has notified the director that he has not been paid wages in accordance with the provisions of sections 290.500 to 290.530, or who has caused to be instituted any proceeding under or related to sections 290.500 to 290.530, or who has testified or is about to testify in any such proceeding;

(8) Paying or agreeing to pay wages at a rate less than the rate applicable under sections 290.500 to 290.530. Payment at such rate for any week or portion of a week constitutes a separate offense as to each employee;

(9) Otherwise violating any provisions of sections 290.500 to 290.530.

Each day of violation constitutes a separate offense.

Action for underpayment of wages, employee may bring--limitation.
290.527.

Any employer who pays any employee less wages than the wages to which the employee is entitled under or by virtue of sections 290.500 to 290.530 shall be liable to the employee affected for the full amount of the wage rate and an additional equal amount as liquidated damages, less any amount actually paid to the employee by the employer and for costs and such reasonable attorney fees as may be allowed by the court or jury. The employee may bring any legal action necessary to collect the claim. Any agreement between the employee and the employer to work for less than the wage rate shall be no defense to the action. All actions for* the collection of any deficiency in wages shall be commenced within two years of the accrual of the cause of action.

Law not to supersede more favorable existing law.
290.528.

Any standards relating to minimum wages, maximum hours, overtime compensation or other working conditions in effect under any other law of this state on August 28, 1990, which are more favorable to employees than those applicable to employees under sections 290.500 to 290.530 or the regulations issued under sections 290.500 to 290.530, shall not be deemed to be amended, rescinded, or otherwise affected by sections 290.500 to 290.530 but shall continue in full force and effect and may be enforced as provided by law.

Law not to interfere with collective bargaining rights.
290.530.

Nothing in sections 290.500 to 290.530 shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum under the provisions of sections 290.500 to 290.530.

Overtime Pay Rules - State Personnel

I CSR 20-5.010 Hours of Work and Holidays

PURPOSE: This rule establishes hours of work and holidays for employees covered by the provisions of section 36.350, RSMo of the State Personnel Law.

(1) Hours of work and attendance shall be governed by the following provisions:

(A) The appointing authority in each agency shall establish the working days and the hours of attendance for employees of that agency and other rules in regard to attendance as are deemed necessary. A full-time employee normally will be scheduled to work forty (40) hours within a fixed and regularly recurring seven (7)-day period established for the employee's position.

1. In the case of law enforcement personnel employed by a recognized law enforcement agency, the director may approve the establishment of normal working hours in excess of those specified in subsection (1)(A), provided the work period, schedules and overtime standards are consistent with applicable statutes or rules. For the purpose of this rule, law enforcement personnel shall include uniformed or plain clothed members of a body of officers who have the power of arrest and who are statutorily empowered to enforce laws designed to maintain public peace and order, to protect life and property from accidental or willful injury, to prevent and detect crimes and who undergo on-the-job training a course of instruction, or both.

2. In the case of personnel employed at a hospital or residential care facility, the director may approve the establishment of normal working hours in excess of those specified in subsection (1)(A), provided the work period, schedules and overtime standards are consistent with applicable statutes or rules;

(B) The appointing authority in each agency may require employees to perform reasonable amounts of overtime work as may be required to fulfill the responsibilities of the agency, provided this overtime work is compensated in accordance with these rules and applicable state or federal statute. Insofar as is practicable, overtime will be distributed among employees qualified for this work and who are available when the overtime is required. Prior authorization for overtime work shall be obtained from the appointing authority or the appointing authority's designee;

(C) Work authorized by an appointing authority for top level supervisory, managerial and administrative staff and for persons employed in a very responsible professional, technical or consultative capacity which causes the employee to exceed forty (40) hours in pay status during a workweek shall not be compensated except in unusual circumstances as determined by the appointing authority. When authorized, the employees shall be compensated at the regular rate of pay for their positions for each hour or, at the discretion of the appointing authority, by allowing an equal amount of compensatory time off;

(D) For individuals employed in other supervisory, technical, professional and related categories, compensation for authorized work assignments which cause the employees to exceed forty (40) hours in pay status during a workweek shall be compensated at the regular rate of pay for their positions or, at the discretion of the appointing authority, by allowing an equal amount of compensatory time off. Within the categories of professional and technical employees, an appointing authority may request and the director may recommend for approval of the board that employees in selected classes be compensated for authorized overtime work at the rate of time and one-half, either in payment or compensatory time off providing, however, that this recommendation and approval shall be restricted to occupations for which it is found that overtime compensation is the prevailing practice among employers within the state and for which there is evidence that failure to provide this compensation reasonably may be expected to have a substantially negative effect upon the ability of the appointing authority to recruit and retain the required work force. For purposes of determining compensation at the rate of time and one-half under this rule, overtime is defined as that time worked by an employee in excess of forty (40) hours actually worked within a workweek. Annual leave, sick leave, holidays and other absences with or without pay shall not be considered as hours of work for purposes of computing overtime;

(E) Employees, other than those enumerated in subsections (1)(C) and (D), shall be compensated at the regular rate of pay for their positions or, at the discretion of the appointing authority, by allowing an equal amount of compensatory time off for those work assignments which cause the employee to exceed forty (40) hours in pay status during a workweek. An employee shall receive an additional one-half (1/2) time compensation, by pay or compensatory time off, for any hours of work which exceed forty (40) hours actually worked within the workweek. Annual leave, sick leave, holidays and other absences with or without pay shall not be considered as hours of work for purposes of determining compensation at the rate of time and one-half under this rule;

(F) Category assignments for overtime purposes shall be made on a job class basis. It shall be the responsibility of the director, after consultation with appointing authorities, to determine the overtime category of each class of positions in the classified service, and these assignments shall be reflected in the pay plan. For positions outside the classified service, the director shall provide to appointing authorities information designed to clarity the application of this rule in the classified service, and to assist them in its application to positions outside the classified service. For these positions, however, the final decision on assignment of a particular type of position to a category for the purpose of determining the method of overtime payment shall be made by the appointing authority. It shall be the responsibility of the appointing authorities to apply these provisions in a manner which provides uniformity of treatment of all employees; and

(G) Compensation for overtime shall be computed uniformly on the basis of the standard annual hourly rate of pay of the employee as determined by dividing the employee's annual full-time salary rate by two thousand eighty (2080). For employees of the Missouri School for the Blind, Missouri School for the Deaf and State Schools for the Severely Handicapped who are employed on a school term or on a part-time basis, the standard annual hourly rate of pay is determined by dividing the employee's annual salary rate by the total hours in their term of employment.

Amended: Filed Sept. 16, 2002, effective March 30, 2003.

Leave of Absence Rules - State Personnel

1 CSR 20-5.015 Definition of Terms

PURPOSE: This rule defines the meaning of specific words and terms pertaining to leaves of absence.

(1) The following words and terms, used with specific intent throughout this rule and I CSR 20-5.020 or in their administration, are defined for clarity:

(A) Annual leave is a form of compensation authorized by the state and paid to an eligible employee by means of paid time off from work, under the conditions set forth in 1 CSR 20-5.020(1);

(B) Annual leave accrual is the accumulation of hours of paid time off as a form of compensation earned by the employee. Eligibility to earn and accrue annual leave as a form of compensation is limited to and shall not exceed a maximum number of hours stipulated by law and set forth in 1 CSR 205.020(1);

(C) Sick leave is a benefit granted by the state to the employee in the form of paid time off from work due to illness, under the conditions set forth in 1 CSR 20-5.020(2);

(D) Sick leave accrual is the accumulation of hours of eligibility for paid time off from work conferred upon an eligible employee as a benefit by the state for specific purposes and under specific conditions that are set forth in 1 CSR 20-5.020(2);

(E) Paid time off from work authorized by the state and conferred upon the employee by the appointing authority and solely at the discretion of the appointing authority for the purpose deemed appropriate and in the best interest of the state may be called administrative leave; and

(F) A semi-monthly pay period of semi month is that period of one-half (1/2) of a calendar month established by the Office of Administration as the pay cycle for state employees.

(2) For the purposes of leaves of absence as set out in 1 CSR 20-5.020, state service time shall be defined as

(A) The total length of time of employment in any department, division or agency of state government that is covered by the provisions of section 36.350, RSMo, and under the conditions set forth in I CSR 20-5.020;

(B) Time of state paid employment in the Offices of the Governor, Lieutenant Governor, Secretary of State, State Auditor, Treasurer, Attorney General, Houses of the Missouri State Legislature, the Missouri State Judiciary, Missouri State Courts Administrator, Missouri Consolidated Health Care Plan and Missouri State Employees' Retirement System, shall be recognized and accepted as time of state service for the purposes of eligibility for and accrual of paid leaves of absences; and

(C) Employment with other state funded public entities when these entities have been accepted for coverage under the provisions of 1 CSR 20-5.015(3)(B).

(3) For the purposes of leaves of absence as set out in 1 CSR 20-5.020, an eligible employee shall be defined as

(A) Any employee of the state of Missouri covered by the provisions of section 36.350, RSMo; and

(B) Any state paid employee of elected state officials, specifically employees of the Offices of the Governor, Lieutenant Governor, Secretary of State, State Auditor, Treasurer, Attorney General, Houses of the Missouri State Legislature, the Missouri State Judiciary, Missouri State Courts Administrator, Missouri Consolidated Health Care Plan, Missouri State Employees' Retirement System and other state funded public entities, shall be considered eligible employees under 1 CSR 20-5.020 upon submission of written certification of adherence to the provisions of 1 CSR 20-5.020 and acceptance by the Personnel Advisory Board of the public entity for coverage under the rule.

1 CSR 20-5.020 Leaves of Absence

PURPOSE: This rule provides for annual, sick and other leaves of absence and specifies the conditions under which these leaves shall be granted for employees covered by the provisions of section 36.350, RSMo of the State Personnel Law.

(2) Sick leave shall be governed by the following provisions:

(A) Except to the extent restricted below, sick leave under these rules is defined to mean a period in which the employee is incapacitated for the performance of assigned duties by sickness or injury, or by pregnancy, childbirth and recovery from them, or periods of time required for medical, surgical, dental or optical examination or treatment, or where through exposure to contagious disease the presence of the employee on duty would jeopardize the health of others;

(B) Employees who are employed on a fulltime basis in positions of a continuing or permanent nature shall be allowed sick leave with full pay as follows:

1. If they are paid on a semi-monthly pay period, computed at the rate of five (5) hours for each semi-month of service in which they are in pay status for eighty (80) or more hours. For employees paid on a semimonthly pay period sick leave will be credited at the rate of one-half (1/2) the full-time accrual rate for semi-months in which the employee is in pay status from forty (40) hours and pro-rated for all hours in which they are in pay status from forty to eighty (40-80) hours. Sick leave will be credited for semi-months in which they are in pay status;

2. Sick leave shall not be credited to employees who have ceased active duty preliminary to separation from the state service except that this provision shall not apply to an employee who has submitted a formal notice of retirement;

3. In all cases where an employee has been absent on sick leave, the employee immediately upon return to work shall submit a statement in a form the appointing authority may require indicating that the absence was due to illness, disease, disability or other causes for which sick leave is allowed under these rules. The appointing authority shall establish and advise employees of required procedures for initial and continuing notification by the employee to the appointing authority regarding absence due to illness and for submission of a written request for allowance of sick leave together with proof of illness as the appointing authority deems necessary;

4. Sick leave shall not be credited to any employee while on a paid leave of absence for educational purposes when that leave is for a period of three (3) or more months;

5. Notwithstanding any other provisions to the contrary, any employee placed on a furlough without pay, pursuant to 1 CSR 203.070(8), or who voluntarily requests a leave of absence without pay in lieu of being furloughed, shall continue to earn sick leave as if the employee had actually been working during the time of the furlough. Upon approval of the appointing authority, an employee in a position subject to a furlough may take a voluntary leave of absence without pay in lieu of being furloughed;

(C) Sick leave with pay shall not be allowed to employees who are employed on a noncontinuing basis in positions of limited duration requiring less than the equivalent of six (6) months of full-time employment in any twelve (12)-month period, whether this be on an emergency, temporary, limited temporary, hourly or per-diem basis. Employees who are ineligible to earn sick leave under this rule shall be so identified at the time of appointment or assignment and shall be notified of their ineligibility. If the term of limited duration employment is extended to the equivalent of six (6) months or more of fulltime work in any twelve (12)-month period, the employee shall he credited with earned sick leave for that period of employment in excess of six (6) months. If a limited duration appointment is followed without break in service by appointment of a continuing or permanent nature, the employee shall be credited with earned leave for the initial period of limited duration employment;

(D) Employees who are employed on an intermittent or regularly scheduled part-time basis, except those employed in positions of limited duration requiring less than the equivalent of six (6) months of full-time employment in any twelve (12)-month period, shall earn sick leave in accordance with the schedule of leave accruals enumerated in subsection (2)(B);

(E) Employees shall be allowed to accumulate sick leave without limit;

(F) Sick leave shall be granted and liquidated in multiples of one-quarter (1/4) hour except that this provision shall not apply in the case of an employee required to exhaust all appropriate leave balances in accordance with 1 CSR 20-5.020(7)(A)2.F. or when it is appropriate and necessary for an employee to exhaust balances in one leave category prior to using another leave category;

(G) Personnel whose normal duties require them to remain on duty at their workstation for shifts of twenty-four (24) hours or longer shall be exempt from the provisions of this section. Their sick leave compensation shall be as established by the appointing authority, subject to review and approval by the personnel advisory board, consistent with the work schedule necessary to accommodate the safety and convenience of the public;

(H) All accumulated and unused sick leave shall be credited to any employee returned to employment in the state service within five (5) years of leaving the service, transferred to or employed in another division of service or returning from leave of absence. Leave shall not be accepted in an amount exceeding that which would have been accumulated and transferred under these rules, and an appointing authority shall require that each employee submit a written statement from the former employing agency specifying the basis on which sick leave was earned, the period of service involved and the total unused leave accumulated. This rule will be applied retroactively with respect to those persons employed on the date this rule is effective who have not previously received credit for these sick leave credits;

(I) Sick leave shall be taken upon a workday basis. Holidays falling within a period of sick leave shall not be counted as workdays;

(J) Sick leave shall not accrue to any employee while on leave of absence without pay;

(K) Loss of time due to an illness of the employee's spouse, children, other relatives or members of the employee's household, which requires the employee's personal care and attention shall be charged against the employee's accumulated sick leave. The final decision concerning the granting of leave under this section shall rest with the appointing authority and shall be based upon the degree to which the employee is responsible for providing personal care and attention;

(L) Employees who are incapacitated from performing their jobs due to injury or disease covered by Chapter 287, RSMo (Workers' Compensation Law) shall be permitted to use accrued sick leave only to the extent necessary to make up the difference between disability benefits paid under Chapter 287, RSMo and their salary at the time of injury;

(M) When an employee's personal care and attention is required in connection with the adoption of a child, loss of time that is supported by appropriate documentation will be referred to as adoption leave. Such leave will be charged against the employee's accumulated sick leave unless the employee elects to use annual leave or compensatory time. The final decision concerning the granting of leave under this section shall rest with the appointing authority and shall be based upon the degree to which the employee is responsible for providing personal care and attention; and

(N) Employees of the Missouri School for the Blind, Missouri School for the Deaf and State Schools for the Severely Handicapped, who are employed for the academic year established for those schools and whose work schedule and attendance are regulated by the class calendar of those schools, shall be exempt from the provisions of this section. In lieu of sick leave with pay as provided in 1 CSR 20-5.020(2)(A), sick leave and sick leave compensation for these employees shall be as established by the appointing authority in a comprehensive leave policy consistent with the work schedule necessary to accommodate the annual academic calendar of their schools.

(3) Overtime or compensatory leaves of absence with pay shall be granted in accordance with I CSR 20-5.010(l)(C), (D) and (E) and (2)(E) to employees who have not been otherwise compensated for overtime or holiday work. Compensatory leave will be governed by the following provisions:

(A) The appointing authority will keep records of compensatory time earned in accordance with these rules. Each appointing authority will establish maximum compensatory leave balances that may be maintained, provided that the maximum balance established shall not exceed that permitted by applicable statute or rule. Overtime or holiday work will be compensated by pay if additional compensatory leave will exceed established maximum accrual;

(B) Requests for the use of accumulated compensatory time off with pay shall be granted at times that the needs of the service are not unduly disrupted; and an appointing authority may direct the use of this leave; and

(C) Employees will be paid for compensatory time balances in effect at the time of separation from the state service or upon transferring to or being appointed to a position in another department. This payment shall be based on the employee's rate of pay at the time of separation, transfer or appointment and shall be computed uniformly an the basis of the standard annual hourly rate of pay of the employee as determined by dividing the employee's annual full-time salary rate by two thousand eighty (2080). For employees of the Missouri School for the Blind, Missouri School for the Deaf and State Schools for the Severely Handicapped who are employed on a school-term or on a part-time basis, the standard annual hourly rate of pay is determined by dividing the employee's annual salary rate by the total hours in his/her term of employment. For employees subject to the overtime provisions of the Fair Labor Standards Act, compensation for accumulated compensatory time shall be made on the basis of the employee's current rate of pay as defined in this section. or his/her average rote of pay for the last three (3) years, whichever is higher. Each department will establish a policy providing for the consistent transfer or reimbursement of accumulated leave credits, or both, when employees transfer or are appointed to positions in another division of service within the department.

(7) Leaves of absences without pay shall be governed by the following provisions:

(B) Leaves of absence without pay for family and medical care shall be granted in accordance with the provisions of the federal Family and Medical Leave Act of 1993.
1. For the purposes of family and medical care leave, the following words and terms, unless the content clearly requires otherwise, shall have the meaning indicated as follows:

A. Child means a biological, adopted or foster child, a stepchild, a legal ward or a child of a person standing in loco parentis, who is under eighteen (18) years of age or eighteen (18) years of age or older and incapable of self-care because of a mental or physical disability;

B. Eligible employee means an employee who has been employed for at least twelve (12) months and who has worked at least one thousand two hundred and fifty (1250) hours within that time is eligible for a maximum of twelve (12) work weeks of unpaid leave during the year;

C. Employer, for the purposes of the Family and Medical Leave Act of 1993 and this section, the state of Missouri constitutes a single public employer;

D. Parent means the biological parent of an employee or an individual who stands or stood in loco parentis to an employee when the employee was a child. This term does not include parents-in-law;

E. Serious health condition means an illness, injury, impairment, or physical or mental condition that involves

(I) Any period of incapacity or treatment in connection with or consequent to inpatient care in a hospital, hospice or residential medical care facility;

(II) Any period of incapacity requiring absence from work, school or other regular daily activities, of more than three (3) calendar days, that also involves continuing treatment by, or under the supervision of, a health care provider; or

(III) Continuing treatment by, or under the supervision of, a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three (3) calendar days; or for prenatal care;

F. Spouse means a husband or wife as defined or recognized under state law for purposes of marriage;

G. Substantially equivalent position means a position that has the same pay, benefits and working conditions, including privileges, prerequisites and status. It must

involve the same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, responsibility and authority; and

H. Year means the current month and preceding eleven (11) months;

2. An eligible employee shall be granted leave without pay for the following causes and under the following conditions:

A. The birth or adoption of a child in accordance with the following provisions:

(I) Entitlement to leave for the purpose of adoption or for the birth of a child is limited to twelve (12) calendar months from the date of the birth or adoption of the child; and

(II) The employee shall request leave in writing at least thirty (30) days prior to the commencement of leave or in the event of an emergency as soon as reasonably practical; also

(III) In the event that both parents are employees of Missouri, leaves for the birth or adoption of a child shall be limited to a period of twelve (12) weeks between parents/employees;

B. To provide care for a child, spouse or parent with a serious health condition; and

C. For treatment of the employee's serious health condition;

3. The following regulations shall apply to any of the family or medical leave requests:

A. The employee may take leave on an intermittent basis with prior approval of the appointing authority;

B. Employees shall be required to provide medical certification as to the need for leave of absence to obtain treatment for themselves or to care for a child, spouse or parent when requested;

C. At the appointing authority's discretion, employees may be required to transfer to another position to better accommodate an intermittent leave schedule;

D. The appointing authority may require accumulated sick leave or annual leave to be utilized prior to granting leave without pay;

E. Sick leave or annual leave utilized for the purposes of family or medical leave, whether at the employee's option or at the appointing authority's direction, shall be considered part of the twelve (12)-week leave obligation;

F. The employee is entitled to be returned to the position from which leave was granted or to a position that is substantially equivalent;

G. The employee shall suffer no loss in benefits accrued prior to the commencement of the leave of absence without pay;

H. Except as provided in Missouri statute or rules, the employee shall not be eligible to accrue benefits during the period of leave of absence without pay; and

I. The employer shall continue to provide what is currently paid toward the employee's same medical insurance coverage during the period of leave not to exceed twelve (12) weeks.

(8) Time off with compensation shall be governed by the following provisions:

(A) An employee shall be granted time off from duty, with compensation, by the appointing authority for any of the following reasons:

1. In compliance with a subpoena to appear in court or before a judge, any legislative committee or any officer, board or body authorized to conduct any hearing or inquiry, except when the employee is a plaintiff or defendant in a cause of action not arising out of employment, or for jury service; and

2. For participation in promotional examinations held by the Personnel Division for positions in the division of service in which the individual is employed or in other examinations or promotional selection procedures which are offered or required by the division of service in which the individual is employed, provided that requests for this leave are coordinated with the appointing authority, for the purpose of ensuring that proper staffing is maintained within the work unit; and

(B) With the approval of the appointing authority, an employee may be granted time off from duty, with compensation, for any of the following reasons:

1. Attendance at professional conferences, institutes or meetings when attendance, in the opinion of the appointing authority, may be expected to contribute to the betterment of the service. Proof of actual attendance at these meetings may be required by the appointing authority;

2. Attendance at in-service training and other courses designed to improve the employee's performance or to prepare the employee for advancement;

3. Absence, not to exceed five (5) consecutive workdays, due to the bereavement of an employee as a result of the death of the employee's spouse, child, sibling, parent, step-parent, grandparent or grandchild, and spouse's child, parent, step-parent, grandparent or grandchild, or a member of the employee's household. The final decision concerning the applicability and length of such leave under this section shall rest with the appointing authority. Other absences due to the death of loved ones, when approved by the appointing authority, shall he charged to an employee's accumulated annual or compensatory leave;

4. Leaves of absence for volunteers tutoring in a formal tutoring or mentoring program as defined in section 105.268, RSMo;

5. Leaves of absence for five (5) workdays to serve as a bone marrow donor and leaves of absence for thirty (30) workdays to serve as a human organ donor as defined in section 105.266, RSMo. Leave is authorized under these circumstances only when the employee is serving as the donor and written verification is provided to the appointing authority; and

6. Because of extraordinary reasons sufficient in the opinion of the appointing authority to warrant such time off with compensation.

Amended: Filed Sept. 16, 2002, effective March 30, 2003.

I CSR 20-5.025 ShareLeave

PURPOSE: This rule prescribes guidelines and standards regarding donated leave programs under the authorization of section 36.350, RSMo. These guidelines and standards shall provide a framework to agencies for the establishment of their ShareLeave programs.

(1) The state agencies that are covered under section 36.350, RSMo, may establish ShareLeave programs within their agencies for employees to donate leave to other employees. These programs may be established under the conditions set out within the following regulations:

(A) As used in this rule, unless the context clearly indicates otherwise, the following terms shall mean:

1. ShareLeave means a pool of leave hours donated by eligible employees that may be conveyed to other eligible employees;

2. A catastrophic illness or injury is one which is life threatening, terminal or likely to result in a substantial permanent disability; and

3. ShareLeave pool means a repository of eligible leave hours that is maintained by a department or agency of state government for the purposes set forth under the ShareLeave program.

(B) Employees eligible to donate leave to the ShareLeave pool are those employees that are employed in positions of a permanent or continuing nature and who have completed their original probationary period. Employees eligible to receive ShareLeave pool benefits are those employees who are employed in positions of a permanent or continuing nature and who have completed their original probationary period or six (6) months of successful performance;

(C) Annual leave as defined by 1 CSR 205.020(1) may be donated between employees. Overtime or compensatory time as defined by 1 CSR 20-5.010(l)(C), (D), and (E) and I CSR 20-5.010(2)(E) may be donated between employees. Sick leave benefits, which are a grant from the employer and in no sense the property of individuals, may not he donated;

(D) To be eligible for donated leave, recipient employees must have experienced a catastrophic illness or injury. Departments may also provide that employees may be eligible for donated leave if they can demonstrate that their spouse or children have experienced catastrophic illness or injury requiring the employee's personal care and attention. The final decision concerning the granting of leave under this section shall rest with the department;

(E) Recipient employees must have exhausted all of their own accrued annual leave, sick leave, and compensatory leave and all worker's compensation indemnity payments (if applicable) before being eligible for donated leave;

(F) Employees eligible to receive disability benefits from the state of Missouri are not eligible for donated leave;

(G) Donations shall not be made to individuals, but shall he made to a departmental or agency "pool" established for this purpose;

(H) Appointing authority will establish a method for determining the eligibility of persons who apply for leave benefits from the "pool"

(1) All eligible applicants will receive an equitable share of leave from that available in the donation "pool";

(J) The maximum benefit which can be authorized for any one (1) employee for any one (1) instance of eligibility shall not exceed the equivalent of four (4) months of regular salary;

(K) An employee receiving donated leave shall be credited with additional leave earnings during this period; and

(L) All donations of eligible leave shall be voluntary. No employee may intimidate, threaten, or coerce any other employee with respect to donating or receiving leave under this program. Individual leave records that apply to ShareLeave are confidential and no individual employees shall receive remuneration of any kind for leave donated.

(2) Each appointing authority that adopts a program under this program shall submit a formal written policy and updates to the Personnel Advisory Board for review.