Bereavement Leave Laws in Missouri: What Employers Must Allow

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, is the primary federal protection. FMLA applies to employers with 50 or more employees within 75 miles of a worksite. Covered employees who have worked there for at least 12 months and completed 1,250 hours of service in the past 12 months are entitled to up to 12 weeks of unpaid, job-protected leave in a 12-month period. This includes leave for arranging or attending a funeral and related bereavement activities for a spouse, child, parent, or in-law.

The EEOC does not enforce bereavement leave; the Department of Labor Wage and Hour Division enforces FMLA. Remedies include reinstatement, back pay, and liquidated damages equal to actual damages. An employee can file a Department of Labor complaint or pursue a private lawsuit. However, FMLA covers only immediate family members and does not guarantee paid leave—employers may require use of accrued paid time off or may provide unpaid leave. Many employers also provide bereavement leave as a voluntary benefit beyond FMLA minimums.

Missouri has no mandatory bereavement leave statute for private sector employers in Missouri Revised Statutes or Missouri common law. However, Missouri Revised Statutes § 105.550 requires paid bereavement leave for state employees (public sector). State employees are entitled to paid leave of up to three business days for the death of an immediate family member (spouse, parent, child, sibling, grandparent, grandchild, or in-law). This applies to all state agencies and institutions.

Because Missouri imposes no private-sector bereavement mandate, private employers in Missouri are not required to provide bereavement leave at all, whether paid or unpaid. This makes Missouri significantly weaker than federal FMLA, which at least guarantees unpaid leave to covered employees. An employee's entitlement depends entirely on employer discretion and written policy. Some large Missouri employers voluntarily offer bereavement leave; others do not.

The key distinction: state employees have a statutory right to three days of paid bereavement leave. Private employees have no state law right and must rely on FMLA (if eligible) or employer policy. Because Missouri has no state law mandate, a private employer with fewer than 50 employees (outside FMLA coverage) can legally deny bereavement leave entirely. Missouri employers are not required to notify employees of bereavement policies or allow accrual of bereavement days.

Missouri private employers have no legal obligation to provide bereavement leave, making this an area with broad employer discretion. FMLA does not apply to employers with fewer than 50 employees; employees at small Missouri companies have no federal bereavement guarantee. FMLA does not cover all family members—only spouse, child, parent, or in-law. Deaths of grandparents, aunts, uncles, cousins, or friends are not FMLA-qualifying, even if very close.

An employee must have worked 12 consecutive months for the same employer and 1,250 hours in the past 12 months to qualify for FMLA; part-time or recent hires may not meet the threshold. FMLA leave is unpaid unless the employer allows use of accrued paid time off. Some Missouri employers explicitly exclude bereavement leave from their paid time off policies, requiring employees to use vacation or take unpaid leave.

State employees under § 105.550 are limited to three business days; longer absences require vacation leave or unpaid leave. An employee cannot be disciplined for taking qualifying FMLA leave, but an employer can require notice (typically 30 days in advance where foreseeable, or notice as soon as practicable for sudden death). An employer can also require certification of the death. An employer is not required to pay for the leave or maintain health insurance during unpaid bereavement leave, though FMLA requires continuation of benefits during the leave period.

Step 1: Document your request and the employer's response. If you requested bereavement leave and were denied, keep emails, text messages, or notes documenting what you asked, when you asked, and what the employer said. Write down the date of the death and your relationship to the deceased. Keep copies of your employment records showing tenure and hours worked. If you were disciplined or terminated after requesting bereavement leave, document that too with dates and reasons given.

Step 2: Review your employee handbook and company bereavement policy if one exists. Contact your HR department in writing (email is best) to request a copy of the bereavement leave policy. Ask whether you qualify under FMLA. If the employer denies you leave and you have 50+ employees at your worksite and 12 months tenure and 1,250 hours worked, this may be an FMLA violation. Document this in writing to HR.

Step 3: File a Department of Labor Wage and Hour Division complaint if you believe you were denied FMLA-protected leave. Contact the St. Louis Wage and Hour office at 314-539-6800 or visit www.dol.gov/agencies/whd. You have up to three years to file a complaint for unpaid wages (or two years for willful violations). Provide your name, the employer's name, address, phone number, dates of employment, the date you requested bereavement leave, and the reason the employer denied it. You can also file online at www.dol.gov/agencies/whd/contact.

Step 4: Expect the Department of Labor investigator to contact the employer and request documentation of payroll, leave policies, and communications about your request. The investigation typically takes 60 to 90 days. The DOL will determine whether you were covered by FMLA and whether the denial violated federal law. If the employer violated FMLA, you may receive back pay and liquidated damages (equal to the pay owed).

Step 5: If the DOL investigation does not resolve the issue or if damages are limited, consult an employment attorney. Contact the Missouri Bar Association lawyer referral service at 573-636-3635 or visit mobar.org. An employment attorney can advise on whether you have a wrongful termination claim (if you were fired for requesting leave) or whether additional state law claims apply. Many employment attorneys work on contingency, meaning they collect a fee only if you win. An FMLA violation can result in reinstatement, back pay, and attorney fees.