Missouri VESSA Leave: Eligibility, Rights, and Employer Duties
Learn about Missouri VESSA leave, eligibility, and employer duties under the Victims' Economic Security and Safety Act
Introduction to Missouri VESSA Leave
The Victims' Economic Security and Safety Act, or VESSA, is a Missouri law that provides eligible employees with up to 12 weeks of unpaid leave in a 12-month period to address domestic violence, sexual violence, or stalking. This leave can be used for various purposes, including seeking medical attention, obtaining a protective order, or relocating to a safe location.
To be eligible for VESSA leave, an employee must have worked for the employer for at least 12 months and have completed at least 1,000 hours of service in the 12 months preceding the start of the leave. The employee must also provide the employer with at least 48 hours' notice, unless the leave is due to an emergency or unforeseen circumstance.
Eligibility and Qualifying Reasons for VESSA Leave
VESSA leave is available to employees who are victims of domestic violence, sexual violence, or stalking, as well as to employees who have a family or household member who is a victim of such violence. The leave can be used for a variety of purposes, including seeking medical attention, obtaining a protective order, or relocating to a safe location.
In addition to providing leave, VESSA also prohibits employers from discriminating against employees who are victims of domestic violence, sexual violence, or stalking. This means that employers cannot terminate, demote, or otherwise penalize an employee for taking VESSA leave or for being a victim of such violence.
Employer Duties Under VESSA
Employers have several duties under VESSA, including providing eligible employees with up to 12 weeks of unpaid leave in a 12-month period. Employers must also maintain the employee's health insurance benefits during the leave period and restore the employee to the same or equivalent position upon return from leave.
Employers are also prohibited from interfering with an employee's right to take VESSA leave or from retaliating against an employee for exercising their rights under the law. This means that employers cannot discourage employees from taking leave or penalize them for doing so.
Employee Rights Under VESSA
Employees have several rights under VESSA, including the right to take up to 12 weeks of unpaid leave in a 12-month period to address domestic violence, sexual violence, or stalking. Employees also have the right to have their health insurance benefits maintained during the leave period and to be restored to the same or equivalent position upon return from leave.
In addition to these rights, employees are also protected from retaliation for exercising their rights under the law. This means that employers cannot terminate, demote, or otherwise penalize an employee for taking VESSA leave or for being a victim of domestic violence, sexual violence, or stalking.
Enforcement and Penalties Under VESSA
VESSA is enforced by the Missouri Department of Labor and Industrial Relations, which is responsible for investigating complaints and imposing penalties on employers who violate the law. Employers who violate VESSA can be required to reinstate the employee, pay back wages and benefits, and pay a civil penalty.
Employees who believe their rights have been violated under VESSA can file a complaint with the Missouri Department of Labor and Industrial Relations or seek private counsel to pursue a claim in court. Employees may also be entitled to damages, including back pay, front pay, and emotional distress damages.
Frequently Asked Questions
The purpose of the Missouri VESSA law is to provide eligible employees with unpaid leave to address domestic violence, sexual violence, or stalking.
Up to 12 weeks of unpaid leave in a 12-month period is available under VESSA.
Employees who have worked for the employer for at least 12 months and have completed at least 1,000 hours of service in the 12 months preceding the start of the leave are eligible for VESSA leave.
Yes, an employer can require an employee to provide documentation, such as a police report or a letter from a healthcare provider, to support their request for VESSA leave.
VESSA leave is unpaid, but employees may be able to use accrued paid leave, such as vacation or sick leave, during the leave period.
No, an employer cannot retaliate against an employee for taking VESSA leave or for being a victim of domestic violence, sexual violence, or stalking.
Expert Legal Insight
Written by a verified legal professional
Timothy M. Bennett
J.D., University of Michigan Law School, B.A. Political Science
Practice Focus:
Timothy M. Bennett works with employees and employers on matters involving workplace harassment situations. With over 7 years of experience, he has handled a variety of workplace-related legal challenges.
He focuses on explaining employment rights in a clear and practical way so individuals can understand their options.
info This article reflects the expertise of legal professionals in Employment Law
Legal Disclaimer: This article provides general information and should not be considered legal advice. Laws and regulations may change, and individual circumstances vary. Please consult with a qualified attorney or relevant state agency for specific legal guidance related to your situation.