Missouri has enacted legislation (House Bill 432) that requires employers with 20 or more employees to provide unpaid leave and reasonable safety accommodations to employees who are victims of domestic violence. House Bill 432 is effective immediately.
Amount of leave:
Employers with 20 to 49 employees must provide eligible employees with up to one standard workweek of unpaid leave per year. Employers with 50 or more employees must provide up to two standard workweeks of leave.
Use:
Employees may use unpaid leave on an intermittent or reduced schedule basis to care for themselves or a family member who is a victim of domestic or sexual violence. Leave may be taken to:
· Seek medical attention for, or recover from, physical or psychological injuries;
· Obtain services from a victim services organization or psychological or other counseling;
· Participate in safety planning, temporarily or permanently relocate, or take other actions to increase safety or economic security; and
· Seek legal assistance or remedies to ensure the health and safety of the victim, including preparing for or participating in a related civil or criminal legal proceeding.
Certification:
Employers may require employees to provide certification of the need to take leave. Employees may satisfy this requirement by providing a sworn statement and the following:
· Documentation from an employee, agent, or volunteer of a victim services organization; an attorney; a member of the clergy; or a medical or other professional that the victim has sought assistance from;
· A police or court record; or
· Other corroborating evidence.
All information pertaining to the leave must be kept confidential
Reasonable Accommodations:
Absent undue hardship to the business, employers must provide employees with a reasonable safety accommodation upon request. Such accommodations may include:
· An adjustment to a job structure, workplace facility, or work requirement, including a transfer, reassignment, modified schedule, leave, a changed telephone number or seating assignment;
· Installation of a lock;
· Implementation of a safety procedure; or
· Assistance in documenting domestic violence that occurs at the workplace or in work-related settings.
Employee Notice:
When possible, an employee must provide at least 48 hours advance notice of their need for leave.
Employer Notice:
Covered employers must provide a notice to employees, in paper or electronic form, explaining employees’ rights and responsibilities under the law. The notice must be provided to current employees by October 27, 2021. For each person hired after October 27, 2021, the notice must be provided at the start of employment The Department of Labor and Industrial Relations has published a notice that employers may use for this purpose.
Job Reinstatement & Anti-retaliation:
Employers are prohibited from retaliating against employees for exercising their rights under the law. Following leave, employees must be restored to the position held with all conditions and privileges of employment.
Compliance Recommendations:
Employers should update their leave policies and procedures and provide the notice to help meet their compliance responsibilities. The notice will be included in the ADP onboarding application. Please contact your dedicated service professional with any questions.