Bill Text: MS HB1361 | 2024 | Regular Session | Introduced
Bill Title: Mississippi Paid Family and Medical Leave Act; establish.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Failed) 2024-03-05 - Died In Committee [HB1361 Detail]
Download: Mississippi-2024-HB1361-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: State Affairs; Appropriations A
By: Representatives Butler-Washington, Gibbs (72nd), James-Jones, Holloway (27th), Nelson
House Bill 1361
AN ACT TO ESTABLISH THE MISSISSIPPI PAID FAMILY AND MEDICAL LEAVE ACT; TO PROVIDE CERTAIN APPLICABLE DEFINITIONS; TO REQUIRE THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY ESTABLISH AND ADMINISTER A FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM; TO PROVIDE COVERED INDIVIDUALS WITH THE RIGHT TO PAID FAMILY AND MEDICAL LEAVE; TO DETERMINE THE AMOUNT OF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS FOR COVERED INDIVIDUALS; TO CREATE THE FAMILY AND MEDICAL LEAVE INSURANCE FUND IN THE STATE TREASURY; TO PROVIDE FOR THE DETERMINATION OF INSURANCE PREMIUMS BY THE STATE TREASURER; TO PROTECT THE EMPLOYMENT OF COVERED INDIVIDUALS WHILE THEY ARE ON LEAVE; TO PROHIBIT EMPLOYERS FROM VIOLATING RIGHTS PROTECTED IN THIS ACT; TO REQUIRE THE DIRECTOR OF THE DEPARTMENT TO HOLD VIOLATING EMPLOYERS LIABLE; TO PROVIDE THAT THIS ACT IS TO BE CONSTRUED ALONGSIDE SIMILAR PROVISIONS IN THE FEDERAL FAMILY AND MEDICAL LEAVE ACT; TO REQUIRE THAT CLAIMS BE MADE IN ACCORDANCE WITH RULES PRESCRIBED BY THE DIRECTOR OF THE DEPARTMENT; TO DISQUALIFY COVERED INDIVIDUALS FROM COVERAGE FOR FRAUD, MISREPRESENTATION, OR ERRONEOUS PAYMENT; TO ALLOW COVERED INDIVIDUALS TO ELECT FOR INITIAL COVERAGE OR SUBSEQUENT COVERAGE; TO PRESCRIBE CERTAIN REQUIREMENTS FOR THE FORMATION AND ADMINISTRATION OF THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM; TO REQUIRE CERTAIN ACTIONS BY THE DEPARTMENT IF THE INSURANCE BENEFITS IN THIS ACT ARE SUBJECT TO FEDERAL INCOME TAX; TO ALLOW FOR INTERMITTENT OR REDUCED LEAVE; TO REQUIRE THE DEPARTMENT TO MAKE AN ANNUAL REPORT TO THE LEGISLATURE; TO REQUIRE THE DEPARTMENT TO CONDUCT A PUBLIC EDUCATION CAMPAIGN ABOUT THE PROGRAM; TO ENCOURAGE THE DEPARTMENT TO COLLECT DATA FOR THE PURPOSE OF LIMITING THE COST OF THE PROGRAM; TO REQUIRE EMPLOYERS TO PROVIDE WRITTEN NOTICE OF THE PROGRAM TO EMPLOYEES UPON HIRING AND ANNUALLY THEREAFTER; TO BRING FORWARD SECTIONS 25-3-91, 25-3-92, 25-3-93 AND 25-3-95, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR ADMINISTRATIVE, PERSONAL AND MAJOR MEDICAL LEAVE FOR STATE EMPLOYEES, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Definitions. (1) Unless the context clearly requires otherwise, the definitions in this section apply throughout this act:
(a) "Alternative base period" means the last four (4) completed calendar quarters immediately preceding the first day of an individual's application year.
(b) "Application year" means the twelve-month period beginning on the first day of the calendar week in which an individual files an application for family leave insurance benefits.
(c) "Average weekly wage" means one-thirteenth (1/13) of the wages paid during the quarter of the covered individual's base period or alternative base period in which the total wages were highest.
(d) "Base period" means the first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of an individual's application year; provided that if the first quarter of the last five (5) completed calendar quarters was included in the base period applicable to any individual's previous application year, the individual's base period shall be the last four (4) completed calendar quarters.
(e) "Child" means, regardless of age, a biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, a child to whom the covered individual stands in loco parentis, or a person to whom the covered individual stood in loco parentis when the person was a minor.
(f) "Covered individual" means a person who:
(i) Satisfies the following earnings requirements:
1. Has earned not less than twenty-six (26) times the minimum weekly benefit amount pursuant to Section 71-5-503 from work in the state during the person's base period or alternative base period; and
2. Has earned not less than forty (40) times the person's weekly benefit amount pursuant to Section 71-5-503 from work in the state during that quarter of the person's base period or alternative base period in which the person's wages were highest;
(ii) Meets the administrative requirements outlined in this act and in other law and rules; and
(iii) Submits an application.
(g) "Department" means the Department of Employment Security.
(h) "Director" means the director of the department.
(i) "Employee" means an individual employed by an employer within this state.
(j) "Employer" has the same meaning as defined in the federal Fair Labor Standards Act of 1938 (29 USC Section 203(d)).
(k) "Family and medical leave insurance benefits" means the benefits provided under this act.
(l) "Family member" means:
(i) A child;
(ii) A biological, adoptive or foster parent, stepparent, or legal guardian of a covered individual or a covered individual's spouse or domestic partner or a person who stood in loco parentis when the covered individual or the covered individual's spouse or domestic partner was a minor child;
(iii) A person to whom the covered individual is legally married under the laws of a state or jurisdiction of the United States;
(iv) A grandparent or step-grandparent of the covered individual or the covered individual's spouse or the domestic partner;
(v) A grandchild or step-grandchild of the covered individual or the covered individual's spouse or domestic partner;
(vi) A biological, foster, or adopted sibling or the spouse or domestic partner of the sibling;
(vii) A domestic partner registered as such under the laws of a state or political subdivision; or
(viii) Any other individual related by blood or whose close association with the covered individual is the equivalent of a family relationship.
(m) "Health care provider" means any person licensed under federal law, any state law, or the laws of another country wherein the person practices to provide medical or emergency services, including, but not limited to, doctors, nurses and emergency room personnel, clinical social workers, licensed professional counselors or certified midwives.
(n) "Paid family and medical leave" means leave taken from employment, self-employment or availability for employment in connection with family and medical leave insurance benefits under this act.
(o) "Qualifying exigency leave" means leave for the family member of a service member for a need arising out of a covered individual's family member's active duty service or notice of an impending call or order to active duty in the United States Armed Forces, including, but not limited to:
(i) Providing for the care or other needs of the service member's child or other family member;
(ii) Making financial or legal arrangements for the service member;
(iii) Attending counseling;
(iv) Attending military events or ceremonies;
(v) Spending time with the service member during rest and recuperation leave;
(vi) Spending time with the service member following a return from deployment; or
(vii) Making arrangements following the death of the service member.
(p) "Serious health condition" has the same meaning as defined in the federal Family and Medical Leave Act of 1993 (29 USC 2611(11)).
(q) "State average weekly wage" has the same meaning as the term "average weekly wage for the state," as referenced in Section 71-3-3.
SECTION 2. Establishment of program. The Mississippi Department of Employment Security shall establish and administer a Family and Medical Leave Insurance Program using monies from the Family and Medical Leave Insurance Fund and pay family and medical leave insurance benefits as specified in this act.
SECTION 3. Entitlement to paid leave. (1) Beginning on January 1, 2027, a covered individual has the right to take paid family and medical leave and to receive family and medical leave insurance benefits pursuant to this act if the individual meets one (1) of the following requirements:
(a) Because of birth, adoption, or placement through foster care, is caring for a new child within the first year of the anticipated birth, adoption or placement;
(b) Is caring for a family member with a serious health condition;
(c) Has a serious health condition; or
(d) Because of any qualifying exigency leave arising out of the deployment of a family member of the covered individual.
(2) Benefits are payable to an individual who is not currently employed and has been separated from employment for not more than twenty-six (26) weeks at the start of the individual's paid family and medical leave, but who is a covered individual meeting one (1) of the requirements listed in subsection (1)(a) through (d) of this section.
(3) The maximum number of weeks for which a covered individual may take paid family and medical leave and for which family and medical leave insurance benefits are payable in an application year is twelve (12) weeks.
SECTION 4. Amount of family and medical leave insurance benefits. (1) The amount of family and medical leave insurance benefits is determined as follows:
(a) The weekly benefit is ninety percent (90%) of a covered individual's average weekly wage; however, if a covered individual's average weekly wage is less than Thirty Dollars ($30.00), then the weekly benefit must be Thirty Dollars ($30.00).
(b) The maximum weekly benefit is the state average weekly wage, except that for paid family and medical leave beginning before January 1, 2027, the maximum weekly benefit is One Thousand Dollars ($1,000.00).
(2) Family and medical leave insurance benefits are not payable until the covered individual accumulates at least one (1) day or eight (8) consecutive hours of family and medical leave.
SECTION 5. Creation of the family and medical leave insurance fund. (1) There is created in the State Treasury the Family and Medical Leave Insurance Fund, referred to in this section as the "fund." Monies in the fund may be used, upon appropriation by the Legislature, only to pay family and medical leave insurance benefits under this act and to administer the family and medical leave insurance program pursuant to this act. Only the director may authorize expenditures from the fund.
(2) Whenever, in the judgment of the State Treasurer, there will be in the Family and Medical Leave Insurance Fund an amount of funds in excess of that amount deemed by the State Treasurer to be sufficient to meet the current expenditures properly payable therefrom, the State Treasurer shall have full power to invest, reinvest, manage, contract, sell or exchange investments acquired with such excess funds in the manner prescribed by Section 27-105-33. Interest earned on the investment of monies in the fund, and monies remaining in the fund at the end of a fiscal year, remain in the fund and do not revert to the General Fund or another fund.
SECTION 6. Premiums. (1) The State Treasurer is responsible for determining the amount of premiums necessary to finance the Family and Medical Leave Insurance Program annually, not later than October 1, for the coming calendar year. Beginning on October 1, 2025, the State Treasurer shall set the premium as a percentage of employee wages based on sound actuarial principles.
(2) Beginning on January 1, 2026, an employee must pay premiums in an amount determined by the State Treasurer under subsection (1) of this section.
(3) An employer shall collect the premium amount from each employee and shall remit the premium amount to the State Treasurer, who shall transfer the premiums to the State Treasury for deposit in the Family and Medical Leave Insurance Fund.
SECTION 7. Employment protection. (1) Any covered individual who exercises the individual's right to family and medical leave shall, upon the expiration of that leave, be entitled to be restored by their employer to the position held by the covered individual when the leave began, or to a position with equivalent seniority, status, employment benefits, pay, and other terms and conditions of employment, including fringe benefits and service credits that the covered individual was entitled to at the beginning of leave.
(2) During leave taken pursuant to this act, the employer shall maintain any health care benefits that the covered individual had before taking such leave for the duration of the leave as if the covered individual remained in employment continuously from the date that the individual began the leave until the date the individual returns from paid family and medical leave. However, the covered individual shall continue to pay the covered individual's share of the cost of health care benefits as required before the beginning of the leave.
SECTION 8. Prohibited acts. (1) It is unlawful for an employer or another person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this act.
(2) An employer, temporary help company, employment agency, employee organization or other person shall not discharge, expel, demote, or otherwise discriminate or take adverse employment action against a person because the person:
(a) Files, applies for, or uses benefits provided for under this act;
(b) Takes leave from work under this act;
(c) Intends to file a claim, a complaint, or an appeal in relation to this act;
(d) Testifies, is about to testify, or assists in a proceeding under this act at any time, including the period in which the person receives family and medical leave insurance benefits under this act; or
(e) Exercises other rights under this act.
(3) It is unlawful for an employer's absence control policy to count paid family and medical leave taken under this act as an absence that may lead to or result in discipline, discharge, demotion, suspension or other adverse action.
(4) The protections provided in this section apply to a person who mistakenly but in good faith alleges a violation of this act.
SECTION 9. Enforcement. (1) Any employer who violates Section 7 or 8 of this act shall be held liable for damages and such equitable relief as provided under 29 USC Section 2617(a), including that an action to recover such damages or equitable relief may be maintained against any employer who violates Section 7 or 8 of this act in the manner prescribed in 29 USC Section 2617(a).
(2) It shall be the duty of the director to administer this act. The director shall have the power and authority to adopt, amend, or rescind such rules, in accordance with the Mississippi Administrative Procedures Law, Section 25-43-1.101 et seq., and to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as deemed necessary or suitable to that end, and such rules and regulations shall be effective as provided in the Mississippi Administrative Procedures Law in the manner, not inconsistent with this act, that the director prescribes.
SECTION 10. Coordination of benefits. (1) (a) Leave taken with family and medical leave insurance benefits under this act that also qualifies as leave under the federal Family and Medical Leave Act of 1993 (FMLA) (29 USC Section 2601 et seq.) shall run concurrently with leave taken under the FMLA.
(b) An employer may require that family and medical leave insurance benefit payments made pursuant to this act be made concurrently or otherwise coordinated with payment made or leave allowed under the terms of short-term disability or designated family care leave under a collective bargaining agreement or employer policy. The employer must give employees written notice of this requirement when the employee requests leave under this act, or when the employer acquires knowledge that an employee's leave may be for a qualifying reason under Section 3(1) of this act.
(2) (a) This act does not diminish an employer's obligation to comply with a collective bargaining agreement or employer policy, as applicable, that provides greater leave or more generous benefits.
(b) An agreement by an individual to waive the individual's rights under this act is void as against public policy.
SECTION 11. Appeals. (1) Claims for benefits must be made in accordance with rules that the director prescribes.
(2) An applicant for family and medical leave insurance benefits who is dissatisfied with any determination of their claim for family and medical leave insurance benefits under this act may appeal the determination within ninety (90) days of receiving notice of the determination in the manner provided in Section 71-5-519.
SECTION 12. Erroneous payments and disqualification for benefits. (1) A covered individual may be disqualified from family and medical leave insurance benefits for up to one (1) year if the individual willfully makes a false statement or misrepresentation regarding a material fact, or willfully failed to report a material fact, to obtain benefits under this act.
(2) If family and medical leave insurance benefits are paid erroneously or as a result of willful misrepresentation, or if a claim for family and medical leave insurance benefits is rejected after benefits are paid, then the department may seek repayment of benefits from the recipient. The director may exercise discretion to waive, in whole or in part, the amount of any such payments where the recovery would be against equity and good conscience.
SECTION 13. Elective coverage. (1) A self-employed person, including an independent contractor, sole proprietor, partner, or joint venturer, may elect coverage under this act for an initial period of not less than three (3) years or a subsequent period of not less than one (1) year immediately following another period of coverage. A self-employed person who elects coverage shall become eligible for family and medical leave insurance benefits immediately when that individual has met the requirements of Section 1 (1)(f)(i) of this act. The self-employed person must file a notice of election in writing with the director, as required by the department. The election becomes effective on the date of filing the notice.
(2) A self-employed person who has elected coverage may withdraw from coverage within thirty (30) days after the end of the three-year period of coverage, or at other times as the director may prescribe by rule, by filing written notice with the director, the withdrawal to take effect not sooner than thirty (30) days after filing the notice.
(3) A person who has elected coverage under this section and is no longer a self-employed person shall be excused from their obligations under this section, as the department shall prescribe by rule.
SECTION 14. Administration. (1) The department shall establish procedures and forms for filing claims for benefits under this act. The department shall notify the employer within five (5) business days of the department's receipt of a claim being filed pursuant to this act.
(2) The department shall use information sharing and integration technology to facilitate the disclosure of relevant information or records so long as an individual consents to the disclosure in the manner provided by applicable law.
(3) Information contained in the files and records pertaining to an individual under this act are confidential and not open to public inspection under the Mississippi Public Records Act of 1983 in Section 25-61-1 et seq., other than to public employees in the performance of their official duties. However, an individual, or an authorized representative of a an individual, may review the records or receive specific information from the records on the presentation of the signed authorization of the individual.
(4) The director may promulgate rules in accordance with the Mississippi Administrative Procedures Law in Section 25-43-1.101 et seq., as necessary to implement this act. In promulgating rules, the director shall maintain, to the extent possible, consistency with the rules promulgated to implement the federal Family and Medical Leave Act of 1993 (29 USC 2601 et seq.).
SECTION 15. Income taxes. If the federal Internal Revenue Service determines that family and medical leave insurance benefits under this act are subject to federal income tax, then the department must advise an individual filing a new claim for family and medical leave insurance benefits, at the time the individual files the claim, that:
(a) The federal Internal Revenue Service has determined that benefits are subject to federal income tax; and
(b) Requirements exist pertaining to estimated tax payments.
SECTION 16. Intermittent or reduced leave schedule. (1) A covered individual shall be entitled, at the option of the covered individual, to take paid family and medical leave on an intermittent or reduced leave schedule in which all of the leave authorized under this act is not taken sequentially. Family and medical leave insurance benefits for intermittent or reduced leave schedules shall be prorated.
(2) The covered individual shall make a reasonable effort to schedule intermittent or reduced leave so as not to disrupt unduly the operations of the employer. The covered individual shall provide the employer with prior notice of the schedule on which the covered individual will be taking leave, to the extent practicable. Leave taken on an intermittent leave schedule shall not result in a reduction of the total amount of leave to which a covered individual is entitled beyond the amount of leave actually taken.
SECTION 17. Reports. No later than April 1, 2027, and by April 1 of each later year, the department shall report to the Legislature on projected and actual program participation, premium rates, fund balances and outreach efforts.
SECTION 18. Public education campaign. The department shall conduct a public education campaign to inform workers and employers about the program and the availability of paid family leave and medical leave. The department may use a portion of the funds collected for the paid family and medical leave insurance program in a given year to pay for the public education campaign. Outreach information must be available in English, Spanish and other languages spoken by more than ten percent (10%) of the state's population.
SECTION 19. Data collection. The department is encouraged to use state data collection and technology to the extent possible in order to keep the cost of the family and medical leave insurance program down and to integrate the program with existing state policies.
SECTION 20. Notice to employees. (1) An employer shall provide written notice to each employee upon hiring and each calendar year thereafter. An employer shall also provide written notice to an employee when the employee requests leave under this act, or when the employer acquires knowledge that an employee's leave may be for a qualifying reason under Section 3(1) of this act. The notice must include:
(a) The employee's right to family and medical leave insurance benefits under this act and the terms under which it may be used;
(b) The amount of family and medical leave insurance benefits;
(c) The procedure for filing a claim for benefits;
(d) The right to employment restoration and benefits continuation under Section 7 of this act;
(e) A statement that discrimination and retaliatory personnel actions against a person for requesting, applying for, or using family and medical leave insurance benefits is prohibited under Section 8 of this act;
(f) A statement informing the employee whether the employer requires payment pursuant to this act be made concurrently or otherwise coordinated with payment made or leave allowed under the terms of short-term disability or designated family care leave under a collective bargaining agreement or employer policy under Section 10 of this act; and
(g) That the employee has a right to enforce their rights under this act pursuant to Section 9 of this act.
(2) An employer shall also display and maintain a poster in a conspicuous place accessible to employees at the employer's place of business that contains the information required by subsection (1) of this section in English, Spanish and any language that is the first language spoken by at least ten percent (10%) of the employer's workforce, as long as the notice has been made publicly available by the by the department. The director may adopt regulations to establish additional requirements concerning the means by which employers provide the notice.
SECTION 21. Section 25-3-91, Mississippi Code of 1972, is brought forward as follows:
25-3-91. For purposes of Sections 25-3-91 through 25-3-99, the following words and terms shall have the meaning described herein, unless the context requires otherwise:
(a) "Appointing authority" shall mean such person, agency or authority authorized by law to employ individuals in state government, but shall not include the Board of Directors of the Mississippi Industries for the Blind.
(b) "Catastrophic injury or illness" means a life-threatening injury or illness of an employee or a member of an employee's immediate family which totally incapacitates the employee from work, as verified by a licensed physician, and forces the employee to exhaust all leave time earned by that employee, resulting in the loss of compensation from the state for the employee. Conditions that are short-term in nature, including, but not limited to, common illnesses such as influenza and the measles, and common injuries, are not catastrophic. Chronic illnesses or injuries, such as cancer or major surgery, which result in intermittent absences from work and which are long-term in nature and require long recuperation periods may be considered catastrophic.
(c) "Employee" means a person appointed to a position in the state service or nonstate service as defined in Section 25-9-107, for which he is compensated on a full-time permanent or provisional basis, a temporary basis, or a part-time basis. However, in order for an employee to be eligible to receive donated leave, the employee must meet the requirements provided in Section 25-3-95(8).
(d) "Workday" shall mean a day as defined in Section 25-1-98.
(e) "Temporary employment" means the employment of a person in a temporary or time-limited position not to exceed twelve (12) months.
(f) "Part-time employment" means the employment of a person in a part-time position.
SECTION 22. Section 25-3-92, Mississippi Code of 1972, is brought forward as follows:
25-3-92. (1) When, in the opinion of the appointing authority, it is essential that a state employee work after normal working hours, the employee may receive credit for compensatory leave. Except as otherwise provided in Section 37-13-89, when, in the opinion of the appointing authority, it is essential that a state employee work during an official state holiday, the employee shall receive credit for compensatory leave.
(2) State employees may be granted administrative leave with pay. For the purposes of this section, "administrative leave" means discretionary leave with pay, other than personal leave or major medical leave.
(a) The appointing authority may grant administrative leave to any employee serving as a witness or juror or party litigant, as verified by the clerk of the court, in addition to any fees paid for such services, and such services or necessary appearance in any court shall not be counted as personal leave.
(b) The Governor or the appointing authority may grant administrative leave with pay to state employees on a local or statewide basis in the event of extreme weather conditions or in the event of a man-made, technological or natural disaster or emergency. Any employee on a previously approved leave during the affected period shall be eligible for such administrative leave granted by the Governor or appointing authority, and shall not be charged for his previously approved leave during the affected period.
(c) The appointing authority may grant administrative leave with pay to any employee who is a certified disaster service volunteer of the American Red Cross who participates in specialized disaster relief services for the American Red Cross in this state and in states contiguous to this state when the American Red Cross requests the employee's participation. Administrative leave granted under this paragraph shall not exceed twenty (20) days in any twelve-month period. An employee on leave under this paragraph shall not be deemed to be an employee of the state for purposes of workers' compensation or for purposes of claims against the state allowed under Chapter 46, Title 11, Mississippi Code of 1972. As used in this paragraph, the term "disaster" includes disasters designated at Level II and above in American Red Cross national regulations and procedures.
SECTION 23. Section 25-3-93, Mississippi Code of 1972, is brought forward as follows:
25-3-93. (1) (a) Except as provided in subsection (1)(b), all employees and appointed officers of the State of Mississippi, who are employees as defined in Section 25-3-91, shall be allowed credit for personal leave computed as follows:
Continuous Accrual Rate Accrual Rate
Service (Monthly) (Annually)
1 month to 3 years 12 hours per month 18 days per year
37 months to 8 years 14 hours per month 21 days per year
97 months to 15 years 16 hours per month 24 days per year
Over 15 years 18 hours per month 27 days per year
However, employees who were hired prior to July 1, 1984, who have continuous service of more than five (5) years but not more than eight (8) years shall accrue fifteen (15) hours of personal leave each month.
(b) Temporary employees who work less than a full workweek and part-time employees shall be allowed credit for personal leave computed on a pro rata basis. Faculty members employed by the eight (8) public universities on a nine-month contract, and employees of the public universities who do not contribute to the Mississippi Public Employees' Retirement System or the State Institutions of Higher Learning Optional Retirement Program, shall not be eligible for personal leave.
(2) For the purpose of computing credit for personal leave, each appointed officer or employee shall be considered to work not more than five (5) days each week. Leaves of absence granted by the appointing authority for one (1) year or less shall be permitted without forfeiting previously accumulated continuous service. The provisions of this section shall not apply to military leaves of absence. The time for taking personal leave, except when such leave is taken due to an illness, shall be determined by the appointing authority of which such employees are employed.
(3) For the purpose of Sections 25-3-91 through 25-3-99, the earned personal leave of each employee shall be credited monthly after the completion of each calendar month of service, and the appointing authority shall not increase the amount of personal leave to an employee's credit. It shall be unlawful for an appointing authority to grant personal leave in an amount greater than was earned and accumulated by the officer or employee.
(4) Employees are encouraged to use earned personal leave. Personal leave may be used for vacations and personal business as scheduled by the appointing authority and shall be used for illnesses of the employee requiring absences of one (1) day or less. Accrued personal or compensatory leave shall be used for the first day of an employee's illness requiring his absence of more than one (1) day. Accrued personal or compensatory leave may also be used for an illness in the employee's immediate family as defined in Section 25-3-95. There shall be no limit to the accumulation of personal leave. Upon termination of employment each employee shall be paid for not more than thirty (30) days of accumulated personal leave. Unused personal leave in excess of thirty (30) days shall be counted as creditable service for the purposes of the retirement system as provided in Sections 25-11-103 and 25-13-5.
(5) Any state law enforcement officer who is injured by wound or accident in the line of duty shall not be required to use earned personal leave during the period of recovery from such injury. As used in this subsection, the term "state law enforcement officer" means a person employed by a state agency who, as a condition of his or her employment, is required by law to complete a course of study at the Law Enforcement Officers Training Academy.
(6) Any employee may donate a portion of his or her earned personal leave to another employee who is suffering from a catastrophic injury or illness, or to another employee who has a member of his or her immediate family who is suffering from a catastrophic injury or illness, in accordance with subsection (8) of Section 25-3-95.
SECTION 24. Section 25-3-95, Mississippi Code of 1972, is brought forward as follows:
25-3-95. (1) All employees and appointed officers of the State of Mississippi, except employees of the public universities who do not contribute to the Mississippi Public Employees' Retirement System or the State Institutions of Higher Learning Optional Retirement Program, shall accrue credits for major medical leave as follows:
Continuous Accrual Rate Accrual Rate
Service (Monthly) (Annually)
1 month to 3 years 8 hours per month 12 days per year
37 months to 8 years 7 hours per month 10.5 days per year
97 months to 15 years 6 hours per month 9 days per year
Over 15 years 5 hours per month 7.5 days per year
Faculty members employed by the eight (8) public universities on a nine-month contract shall accrue credit for major medical leave as follows:
Continuous Accrual Rate Accrual Rate
Service (Per Month) (Per Academic Year)
1 month to 3 years 13-1/3 hours per month 15 days per
academic year
37 months to 8 years 14-1/5 hours per month 16 days per
academic year
97 months to 15 years 15-2/5 hours per month 17 days per
academic year
Over 15 years 16 hours per month 18 days per
academic year
Part-time employees shall accrue major medical leave on a pro rata basis. There shall be no maximum limit to major medical leave accumulation. All unused major medical leave shall be counted as creditable service for the purposes of the retirement system as provided in Sections 25-11-103 and 25-13-5.
(2) (a) Major medical leave may be used for the illness or injury of an employee or member of the employee's immediate family as defined in subsection (3) of this section, only after the employee has used one (1) day of accrued personal or compensatory leave for each absence due to illness, or leave without pay if the employee has no accrued personal or compensatory leave; provided that faculty members employed by the eight (8) public universities on a nine-month basis may use major medical leave for the first day of absence due to illness. However, major medical leave may be used, without prior use of personal leave, to cover regularly scheduled visits to a doctor's office or a hospital for the continuing treatment of a chronic disease, as certified in advance by a physician. For the purposes of this section, "physician" means a doctor of medicine, osteopathy, dental medicine, podiatry or chiropractic. For each absence due to illness of thirty-two (32) consecutive working hours (combined personal leave and major medical leave) major medical leave shall be authorized only when certified by their attending physician.
(b) When an employee's absence is due to a work-related injury for which the employee is receiving temporary disability benefits under Section 71-3-17(b) or 71-3-21, the injured employee shall not use accrued personal and/or medical leave and receive workers' compensation benefits simultaneously if the combined receipt of both benefits results in the employee being paid, while absent due to the work-related injury, a total amount that exceeds one hundred percent (100%) of his wages earned in state employment at the time of injury. In such cases, the injured employee may use only as much of his accrued personal and/or medical leave as necessary, which may be fewer than eight (8) hours of accrued personal and/or major medical leave in a day, to constitute the difference between the amount of temporary disability workers' compensation benefits received and one hundred percent (100%) of his wages earned at the time of injury in state employment. It is the intent of the Legislature that no state employee who is absent and disabled from work due to a work-related injury shall receive more than one hundred percent (100%) of his wages earned in state employment at the time of injury through the use of accrued personal and/or medical leave combined with temporary disability benefits under the Workers' Compensation Law. The procedure for implementing this paragraph (b) shall be as directed by the applicable appointing authority. The receipt or payment of benefits in compliance with this paragraph (b) shall be considered the employee's exclusive remedy against the employer in accordance with Section 71-3-9.
(3) An employee may use up to three (3) days of earned major medical leave for each occurrence of death in the immediate family requiring the employee's absence from work. No qualifying time or use of personal leave will be required prior to use of major medical leave for this purpose. For the purpose of this subsection (3), the immediate family is defined as spouse, parent, stepparent, sibling, child, stepchild, grandchild, grandparent, son- or daughter-in-law, mother- or father-in-law or brother- or sister-in-law. Child means a biological, adopted or foster child, or a child for whom the individual stands or stood in loco parentis.
(4) Employees and appointed officers of the State of Mississippi having unused, accumulated sick leave or annual leave earned prior to July 1, 1984, shall be credited with major medical leave and personal leave as follows: All unused annual leave shall be credited as personal leave.
Unused sick leave shall be divided between major medical leave and personal leave at rates determined by the employee's sick leave balance on June 30, 1984. The rates of conversion shall be as follows:
Sick Leave Percentage Percentage
Balance as of Converted to Converted to
June 30, 1984 Personal Leave Major Medical Leave
1 - 200 hours 20% 80%
201 - 400 hours 25% 75%
401 - 600 hours 30% 70%
601 or more hours 35% 65%
(5) Upon retirement from active employment, each faculty member of the state-supported public universities who is employed on a nine-month basis shall receive credit and be paid for not more than thirty (30) days of unused major medical leave for service as a state employee. Unused major medical leave in excess of thirty (30) days shall be counted as creditable service for the purposes of the retirement system as provided in Sections 25-11-103 and 25-13-5.
(6) Any state law enforcement officer who is injured by wound or accident in the line of duty shall not be required to use earned major medical leave during the period of recovery from such injury. As used in this subsection, the term "state law enforcement officer" means a person employed by a state agency who, as a condition of his or her employment, is required by law to complete a course of study at the Law Enforcement Officers Training Academy.
(7) For the purpose of Sections 25-3-91 through 25-3-99, the earned major medical leave of each employee shall be credited monthly after the completion of each calendar month, and the appointing authority shall not increase the amount of major medical leave to an employee's credit. It shall be unlawful for an appointing authority to grant major medical leave in an amount greater than was earned and accumulated by the officer or employee.
(8) Any employee may donate a portion of his or her earned personal leave or major medical leave to another employee who is suffering from a catastrophic injury or illness, as defined in Section 25-3-91, or to another employee who has a member of his or her immediate family who is suffering from a catastrophic injury or illness, in accordance with the following:
(a) The employee donating the leave (the "donor employee") shall designate the employee who is to receive the leave (the "recipient employee") and the amount of earned personal leave and major medical leave that is to be donated, and shall notify the donor employee's appointing authority or supervisor of his or her designation. The donor employee's appointing authority or supervisor then shall notify the recipient employee's appointing authority or supervisor of the amount of leave that has been donated by the donor employee to the recipient employee.
(b) The maximum amount of earned personal leave that an employee may donate to any other employee may not exceed a number of days that would leave the donor employee with fewer than seven (7) days of personal leave left, and the maximum amount of earned major medical leave that an employee may donate to any other employee may not exceed fifty percent (50%) of the earned major medical leave of the donor employee. All donated leave shall be in increments of not less than twenty-four (24) hours.
(c) An employee must have exhausted all of his or her earned personal leave and major medical leave before he or she will be eligible to receive any leave donated by another employee.
(d) Before an employee may receive donated leave, he or she must provide his or her appointing authority or supervisor with a physician's statement that states the beginning date of the catastrophic injury or illness, a description of the injury or illness, and a prognosis for recovery and the anticipated date that the recipient employee will be able to return to work.
(e) If an employee is aggrieved by the decision of his or her appointing authority that the employee is not eligible to receive donated leave because the injury or illness of the employee or member of the employee's immediate family is not, in the appointing authority's determination, a catastrophic injury or illness, the employee may appeal the decision to the employee appeals board.
(f) Beginning on March 25, 2003, the maximum period of time that an employee may use donated leave without resuming work at his or her place of employment is ninety (90) days, which commences on the first day that the recipient employee uses donated leave. Donated leave that is not used because a recipient employee has used the maximum amount of donated leave authorized under this paragraph shall be returned to the donor employees in the manner provided under paragraph (g) of this subsection.
(g) If the total amount of leave that is donated to any employee is not used by the recipient employee, the donated leave shall be returned to the donor employees on a pro rata basis, based on the ratio of the number of days of leave donated by each donor employee to the total number of days of leave donated by all donor employees.
(h) The failure of any appointing authority or supervisor of any employee to properly deduct an employee's donation of leave to another employee from the donor employee's earned personal leave or major medical leave shall constitute just cause for the dismissal of the appointing authority or supervisor.
(i) No person through the use of coercion, threats or intimidation shall require or attempt to require any employee to donate his or her leave to another employee. Any person who alleges a violation of this paragraph shall report the violation to the executive head of the agency by whom he or she is employed or, if the alleged violator is the executive head of the agency, then the employee shall report the violation to the State Personnel Board. Any person found to have violated this paragraph shall be subject to removal from office or termination of employment.
(j) No employee can donate leave after tendering notice of separation for any reason or after termination.
(k) Recipient employees of agencies with more than five hundred (500) employees as of March 25, 2003, may receive donated leave only from donor employees within the same agency. A recipient employee in an agency with five hundred (500) or fewer employees as of March 25, 2003, may receive donated leave from any donor employee.
(l) In order for an employee to be eligible to receive donated leave, the employee must:
(i) Have been employed for a total of at least twelve (12) months by the employer on the date on which the leave is donated; and
(ii) Have been employed for at least one thousand two hundred fifty (1,250) hours of service with such employer during the previous twelve-month period from the date on which the leave is donated.
(m) Donated leave shall not be used in lieu of disability retirement.
(n) For the purposes of this subsection, "immediate family" means spouse, parent, stepparent, sibling, child or stepchild.
(9) An employee may use up to six (6) weeks of earned major medical leave for the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one (1) year of placement.
SECTION 25. This act shall take effect and be in force from and after January 1, 2024.
