Types of Leave Available to State Employees

Print

The following is general information about the types of leave available to state employees.  For specific information on how each type of leave is applied within a specific agency, employees should refer to their agency policy manual, speak to their agency supervisor, or consult their agency Human Resources office.

Click on the following types of leave to quickly find information about each one:

Leaves of Absence with Pay:

Annual Leave

Employees in full-time positions of a continuing or permanent nature shall be entitled to accumulate annual leave as follows:

  • Employees with less than ten years of total state service earn 5 hours of annual leave each pay period with a maximum annual leave balance of 240 hours.
     
  • Employees who have completed ten years of total state service earn 6 hours of annual leave each pay period with a maximum annual leave balance of 288 hours.
     
  • Employees who have completed fifteen years of total state service earn 7 hours of annual leave each pay period with a maximum annual leave balance of 336 hours.

Employees may accumulate more annual leave than their allowed maximum until October 31 of any year.  After October 31, any excess annual leave over an employee’s maximum balance is reduced to the maximum, at which time the employee can begin accumulating above the maximum.

An employee entitled to annual leave who has resigned or otherwise separated from the service shall be entitled to receive reimbursement for the amount of this accrued leave which does not exceed the maximum allowable accumulation.

Annual leave is prorated for part-time employees in eligible positions who are in pay status for a minimum of 40 hours in a pay period.  Annual leave is granted and approved by the agency appointing authority, or their designee. 

Sick Leave

Employees who are employed on a full-time basis in positions of a continuing or permanent nature earn sick leave.  Full-time employees receive five hours of sick leave each pay period for each semi-month of service in which they are in pay status for 80 or more hours.

Employees can accumulate sick leave without limit.  Sick leave can be converted to retirement credit upon retirement.  An employee who separates from state service, but returns within five years will have their sick leave balance restored.

Sick leave is also prorated for employees in eligible positions who are in pay status for a minimum of 40 hours in a pay period. Sick leave is granted and approved by the agency appointing authority, or their designee.

Military Leave

Employees who are members of the national guard or any of the reserve components of the armed forces of the United States are entitled to leaves of absence from their respective duties without loss of pay or leave, impairment of performance appraisal, or loss of any rights or benefits to which otherwise entitled, for all periods of military service during which they are engaged in the performance of duty under competent orders for a period not to exceed 120 work hours in any federal fiscal year (October 1 through September 30).

Employees who are employed in positions of a continuing or permanent nature and who enter the armed forces of the United States for any of the following reasons can be granted a leave of absence without pay for the period of military training and service required by the employee:

  • Because of an order issued under the Military Selective Service Act
  • Because of an order issued by a military authority calling an employee to active duty from organized units of the national guard, any component of the armed forces of the United States, or the public health service reserve
  • Because an employee enlists in any component of the armed forces of the United States for a period of not more than five years.
  • Because an employee who is a member of a component of the armed forces of the United States voluntarily or involuntarily enters active duty, or whose active duty is extended during a period when the President is authorized to order units of the armed forces of the United States to active duty.
  • Because an employee is required to report for active duty for training or inactive duty training in the armed forces of the United States, or an organized unit of the national guard.
  • Because an employee who is a member of a component of the armed forces of the United States, or an organized unit of the national guard, is ordered to an initial period of active duty for training of not less than 12 consecutive weeks.

Leave for Disaster Relief

Employees who have been certified as disaster service specialists by the American Red Cross or certified by a volunteer organization with a disaster service commitment recognized by the State Emergency Management Agency (SEMA) may, with approval from the agency appointing authority, be granted leave of absence from their respective duties.  This will cover all periods of disaster service during which they are engaged in the performance of duty under an applicable letter of agreement for a period not to exceed a total of 120 hours in any state fiscal year (July 1 through June 30).  Other absences in excess of the 120 hours may be charged to accrued annual leave, compensatory time or leave of absence without pay.

No more than 25 state employees may be absent in any state fiscal year.

Leave for Emergency Services

Employees who are certified by the Civil Air Patrol as emergency service specialists or certified to fly counter-narcotics missions may be granted leave of absence from their respective duties.  Leave for such service shall not be for more than 15 working days in any state fiscal year.

Leave of Absence without Pay for Family and Medical Care (FMLA)

The Family and Medical Leave Act of 1993 provides up to 12 weeks of unpaid, job-protected leave to employees for certain family and medical reasons.  To be eligible for FMLA leave, an employee must be employed with the state for at least one year and must have worked at least 1,250 hours over the previous 12 months.  FMLA leave will be granted for the following reasons:

  • To care for the employee’s child after birth, or placement for adoption or foster care
  • To care for the employee’s spouse, son or daughter (under 18 years of age), or parent who has a serious health condition
  • For a serious health condition that makes the employee unable to perform the employee’s job

NOTE: The Family and Medical Leave Act (FMLA) was recently expanded with the President’s signing of the National Defense Authorization Act. This includes provisions authorizing up to 26 weeks of leave for a family member to care for a wounded soldier and allowing expanded use of the current 12-week allotment for a family member to take leave if another family member is called into active duty.

Information concerning these changes can be found at the following links:

Leave of Absences Without Pay

Upon written request to their agency appointing authority, employees may obtain a leave of absence without pay for the following circumstances:

  • Because of medical disability of the employee which is not covered by FMLA
  • Because the employee is beginning a course of training or study for the purpose of improving the quality of service to the State of Missouri
  • Because of extraordinary reasons, sufficient in the opinion of the agency appointing authority to warrant a leave of absence without pay.

Time Off With Compensation

Time off with compensation, if approved by the agency appointing authority, can be granted for any of the following reasons:

  • To comply with a subpoena or for jury service
  • For participation in promotional examinations held by the Division of Personnel
  • Attendance at professional conferences, institutes, or meetings when attendance may be expected to contribute to the betterment of the employee’s service to the state
  • Attendance for approved training and other development programs designed to improve the employee’s performance or to prepare the employee for career advancement
  • Absence 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 not to exceed five consecutive workdays
  • Absence for five workdays to serve as a bone marrow donor and for 30 workdays to serve as a human organ donor
  • Absence because of extraordinary reasons sufficient in the opinion of the agency appointing authority to warrant such time off with compensation

Share Leave

State agencies may establish share leave programs within their agencies for employees to donate annual leave, overtime or compensatory time to a share leave pool. Share leave may be granted to an employee in the agency who has experienced a catastrophic illness or injury and who has used all their accrued leave.

To view the Code of State Regulations (1 CSR 20-5.010) which addresses leaves of absence, visit http://www.sos.mo.gov/adrules/csr/current/1csr/1c20-5.pdf

Disclaimer: If there is any discrepancy between the information contained on this web page and the regulations, the regulations are the determining factor.