Three states – Alaska, Missouri, and Nebraska – will have paid sick leave (PSL) initiatives on the ballot for the November 5, 2024 election. These PSL initiatives, if passed, would take effect on July 1, May 1, and October 1, 2025, respectively. The ballot measures include the following provisions:

Alaska

• Alaska’s ballot measure does not include a definition of the term “employer” or base PSL coverage on number of employees.
• No explicit employee eligibility requirements are described in the ballot measure. Certain employees would be excluded, including part-time employees under the age of 18 and certain students, among others.
• Permitted reasons for PSL use would include
  • for employee’s own mental or physical health concern
  • to care for a family member related to a mental or physical health concern
  • to obtain services, for either the employee or a family member, related to domestic violence, sexual assault, or stalking
• The definition of family member is expansive, including step and in-law relatives and those whose association to the employee is equivalent to a family relationship.
• Employees would accrue one hour PSL for every 30 hours worked, up to 40 hours (<15 employees) or 56 hours (15 or more employees).
• Unused leave would carry over, although employers can impose an annual use cap equal to the annual accrual cap.
• No parameters are defined with regards to frontloading.

Missouri

• All employers would be covered under the Missouri ballot initiative, excluding the federal, state, and local governments.
• Certain employees would be excluded from coverage, including retail or service employees of businesses making less than $500,000 a year, among others.
• Permitted reasons for PSL use would include
  • for employee’s own mental or physical health concern
  • to care for a family member related to a mental or physical health concern
  • circumstances related to a public health emergency
  • to obtain services, for either the employee or a family member, related to domestic violence, sexual assault, or stalking
• The definition of family member is expansive, including step and in-law relatives and those whose association to the employee is equivalent to a family relationship and anyone for whom the employee is responsible for providing care.
• PSL would accrue at a minimum of one hour PSL per 30 hours worked; the ballot initiative does not mention an accrual cap.
• Employees would be limited to using
  • 56 hours of PSL annually (15 or more employees), or
  • 40 hours of PSL annually (14 or fewer employees)
• Only Missouri employees (full time, part time and temporary) would be counted when determining employer size
• Up to 80 hours of unused PSL would carry over to the following year. The ballot initiative also mentions the possibility of a payout alternative to carryover.
• Employers would be able to frontload leave, but it is unclear whether this would allow employers to avoid any accrual and carryover obligations.

Nebraska

• The ballot initiative covers all employers except federal, state, and local governments.
• All employees are covered with the exception of those who work in Nebraska for fewer than 80 hours per calendar year.
• Permitted reasons for PSL use would include
  • for employee’s own mental or physical health concern
  • to care for a family member related to a mental or physical health concern
  • circumstances related to a public health emergency
• The definition of family member is expansive, including step and in-law relatives and those whose association to the employee is equivalent to a family relationship and anyone for whom the employee is responsible for providing care.
• PSL would accrue at a rate of one hour of PSL per 30 hours worked, with an annual accrual cap of 40 hours (small businesses) or 56 hours (all other employers). Employers are not small businesses if they have 20 or more employees on payroll in each of 20 or more calendar weeks in the current or preceding calendar year.
• Annual PSL use limits would correspond to annual accrual limits.
• Unused PSL would carry over to the following year, with no carryover limit specified. The ballot initiative also mentions the possibility of a payout alternative to carryover.
• Employers would be able to frontload leave, but it is unclear whether this would allow employers to avoid any accrual and carryover obligations.