House Bill 1563

AN ACT TO AMEND SECTION 37-9-39, MISSISSIPPI CODE OF 1972, TO REVISE THE TIME THAT THE SALARIES OF LICENSED SCHOOL DISTRICT EMPLOYEES SHALL BE PAID; TO PROVIDE THAT THE SALARY SHALL BE PAYABLE IN EQUAL INSTALLMENTS ON A BASIS DETERMINED BY THE LOCAL SCHOOL BOARD, BEGINNING IN THE FIRST MONTH THAT SUCH EMPLOYEES PERFORM DUTIES DIRECTLY RELATED TO THE TERMS OF THE EMPLOYMENT CONTRACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-9-39, Mississippi Code of 1972, is amended as follows:

37-9-39. (1) All school districts shall process a single monthly or a bimonthly payroll for employees, in the discretion of the local school board, consistent with the provisions of Section 37-157-103(1), except for December, when salaries or wages shall be paid by the last working day. Salaries or wages shall be paid at a minimum on a monthly basis. The standard contract for school district employees prescribed by the State Board of Education shall provide that school district employees shall earn a salary payable in equal * * *~~monthly or bimonthly~~ installments on a basis as determined by the local school board of each school district, beginning in the first month of employment that employees perform duties directly related to the terms of their employment contract agreement, regardless of the number of days worked in any particular month of the contract term by the employee. Any employee failing to complete the contractual obligation of service, and who receives payment in excess of the installment for the period which such employee ceases employment with the school district, shall become liable immediately to the school board of the employing district for the sum of all amounts received in payment less the corresponding amount of any compensation paid for which service has been rendered, plus interest accruing at the current Stafford Loan rate at the time the person discontinues his or her service.

(2) Any school employee whose employment ends during a school term, regardless of the reason(s) the employment ended, shall be paid salary or wages only for that portion of the school term that employee actually worked. Nothing in this subsection (2) shall be construed to entitle any employee to payment of salary or wages when no work has been performed.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.