Sick Leave Policy
Pursuant to and consistent with Chapter 290.600 et. seq., RSMo., Home Instead provides paid sick leave to all employees.
Employees. Employees shall accrue sick leave at the rate of one hour for every thirty (30) hours worked. Any full-time salaried exempt employee under the Federal Fair Labor Standards Act is presumed to work forty (40) hours per week.
An employee may use up to fifty-six (56) hours of sick leave per year, and up to eighty (80) hours of accrued sick leave can be carried over to the next year.
Paid sick leave can be used in minimum increments of one hour.
Employees shall make a good faith effort to provide notice of the need to use earned paid sick time when the use is foreseeable. Employee shall make a reasonable effort to schedule the use of earned paid sick time in a manner that does not unduly disrupt operations. When the use of sick time is unforeseeable, the employee must notify his/her supervisor an hour prior to taking sick time, or in the case of an medical emergency as soon as practicable.
Sick leave may only be taken for the following reasons:
a. An employee’s mental or physical illness, injury, or health condition; an employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; an employee’s need for preventative medical care;
b. Care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs preventative medical care;
c. Closure of the employee’s place of business by order of a public health official due to a public health emergency, or an employee’s need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency, or care of oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the employee’s or family member’s presence in the community may jeopardize the health of others because of his or her exposure to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease; or
d. Absence necessary due to domestic violence, sexual assault, or stalking, provided the leave is to allow the employee to obtain for the employee or the employee’s family member:
i. Medical attention needed to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking;
ii. Services from a victim services organization;
iii. Psychological or other counseling;
iv. Relocation or taking steps to secure an existing home due to the domestic violence, sexual assault, or stalking; or
v. Legal services, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence, sexual assault or stalking.
A family member is defined as:
a. Regardless of age, a biological child, adopted or foster child, stepchild or legal ward, a child of a domestic partner, a child to whom the employee stands in loco parentis, or an individual to whom the employee stood in loco parentis when the individual was a minor;
b. A biological, foster, stepparent or adoptive parent or legal guardian of an employee or an employee’s spouse or domestic partner or an individual who stood in loco parentis when the employee or employee’s spouse or domestic partner was a minor child;
c. An individual to whom the employee is legally married under the laws of any state, or a domestic partner who is registered as such under the laws of any state or political subdivision, or an in individual with whom the employee is in a continuing social relationship of a romantic or intimate nature;
d. A grandparent, grandchild, or sibling (whether of a biological, foster, adoptive or step relationship) of the employee or the employee’s spouse or domestic partner; or
e. A person for whom the employee is responsible for providing or arranging health or safety-related care, including but not limited to helping that individual obtain diagnostic, preventative, routine, or therapeutic health treatment or ensuring the person is safe following domestic violence, sexual assault, or stalking.
When sick leave is used for three or more consecutive days, an employee must provide documentation signed by a health care professional indicating that the use of sick leave was necessary. In the case of domestic violence, sexual assault, or stalking, an employee must provide (1) a police report indicating that the employee or employee’s family member was a victim of domestic violence, sexual assault, or stalking; (2) a written statement from an employee or agent of a victim service provider affirming that the employee or employee’s family member is or was receiving services from a victim service provider; (3) documentation signed by a health care profession from whom the employee or employee’s family member sought assistance relating to domestic violence, sexual assault, or stalking or the effects therof; (4) a court document indicating that an employee or employee’s family member is or was involved in a legal action related to domestic violence, sexual assault, or stalking; OR (5) a written statement from the employee affirming that the employee or employer’s family member is taking or took earned paid sick time for a qualifying person as described above.
Unused Sick Leave benefits will not be paid to employees upon termination of employment
Current Legislative Status:
Please note that there are ongoing discussions regarding the potential repeal of this law, with a bill currently under consideration in the Missouri Senate. Arch Home Care Inc. is committed to complying with all applicable laws and regulations. Should the law not be enacted, the sick time accrual policy will be discontinued.