Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 3 - HOLIDAYS AND LEAVE › Section 27-120-3.2 - LEAVE

Current through June 25, 2024
Each month State employees earn two types of leave, personal
				  leave and major medical (sick) leave. Employees, including part-time employees,
				  will be granted leaves of absence for Non-State Service and military leave as
				  provided by statute. The appointing authority cannot increase the amount of
				  personal leave or Major Medical Leave to an employee's credit, and it is
				  unlawful for an appointing authority to grant personal and Major Medical Leave
				  in an amount greater than was earned and accumulated by the employee. Part-time
				  employees are granted leave only during periods when they are scheduled to
				  work.
Transfer of Leave Between State
				  Agencies
Both major medical and personal leave earned by employees are
				  transferable between any and all State agencies, junior colleges and senior
				  colleges. However, compensatory leave is not transferable. Each appointing
				  authority will be furnished a statement of accrued leave when an employee
				  transfers between agencies.
Upon transfer, leave accrual rates at the receiving agency
				  will reflect total continuous service. An employee transferring with a break in
				  service must begin accruing at the rate established for new employees. Lump sum
				  payment for accrued personal leave and/or the lapse of one eight-hour workday
				  between the termination date with the original agency and the effective date
				  with the new agency denote a break in service.
Personal Leave
All full-time employees and appointed officers of the State
				  of Mississippi earn personal leave as follows:
CONTINUOUS
								SERVICE
ACCRUAL RATE
								(Monthly)
ACCRUAL RATE
								(Annually)
1 month to 3 years
12 hours
18 days
37 months to 8 years
14 hours
21 days
97 months to 15 years
16 hours
24 days
Over 15 years
18 hours
27 days
Employees begin to earn and accumulate personal leave on the
				  first working day of each month the employee works or receives paid leave.
				  Personal leave is available for the employee's use on the first day of the
				  month after the leave is earned. Part-time and temporary employees accrue
				  personal leave on a pro rata basis. There is no limit to the accumulation of
				  personal leave. Upon termination of employment, each employee may be paid for
				  not more than thirty days of accumulated personal leave. Unused personal leave
				  in excess of thirty days and all unused Major Medical Leave will be counted as
				  creditable service for the purposes of the retirement system.
Employees are encouraged to use earned personal leave for
				  vacations and personal business. However, all requests for personal leave,
				  except when taken due to an illness, are approved at the agency's discretion.
				  Personal or compensatory leave must be used for illnesses of the employee
				  requiring absences of one day or less. In addition, accrued personal or
				  compensatory leave must be used for the first day of an employee's illness
				  requiring his or her absence of more than one day. A workday is defined as
				  eight working hours. Accrued personal, major medical, or compensatory leave may
				  also be used for an illness in the employee's immediate family, including only
				  a spouse, parent, stepparent, sibling, child, stepchild, grandchild,
				  grandparent, son-in-law, daughter-in-law, mother-in-law, father-in-law,
				  brother-in-law or sister-in-law.
A state law enforcement officer who is injured by wound or
				  accident in the line of duty is not required to use earned personal leave
				  during the period of recovery from such injury.
For the purpose of computing credit for personal leave, each
				  appointed officer or employee is considered to work no more than five days each
				  week. For purposes of calculating the leave accrual rate for employees, leaves
				  of absence granted by the appointing authority for one year or less are
				  permitted without forfeiting previously accumulated continuous service. The
				  provisions of this section do not apply to military leaves of absence.
The beneficiary of an employee who dies with unused personal
				  leave will receive payment for all personal leave accumulated but not used by
				  the employee. The beneficiary designated with PERS will receive these benefits
				  unless another beneficiary has been designated.
Major Medical Leave
All full-time employees and appointed officers of the State
				  of Mississippi accrue Major Medical Leave as follows:
CONTINUOUS
								SERVICE
ACCRUAL RATE
								(Monthly)
ACCRUAL RATE
								(Annually)
1 month to 3 years
8 hours
12 days
37 months to 8 years
7 hours
10.5 days
97 months to 15 years
6 hours
9 days
Over 15 years
5 hours
7.5 days
Employees begin to earn and accumulate Major Medical Leave on
				  the first working day of each month the employee works or receives paid leave.
				  The leave is available for the employee's use the first day of the month after
				  the leave is earned. Part-time and temporary employees accrue Major Medical
				  Leave on a pro rata basis. There is no maximum limit to Major Medical Leave
				  accumulation. All unused Major Medical Leave will be counted as creditable
				  Service for the purposes of the retirement system.
Major Medical Leave may be used for the illness or injury of
				  an employee or member of the employee's immediate family, including only a
				  spouse, parent, stepparent, sibling, child, stepchild, grandchild, grandparent,
				  son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law or
				  sister-in-law. The employee should remember that Major Medical Leave can be
				  used in this manner only after the employee has used one day of accrued
				  personal or compensatory leave. In the event that an employee has no accrued
				  personal or compensatory leave, the first day of leave must be taken as Leave
				  Without Pay. This is a requirement for each absence due to illness.
Major Medical Leave may be used, without prior use of
				  personal or compensatory 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. "Physician" means a doctor of
				  medicine, osteopathy, dental medicine, podiatry or chiropractic. Employees must
				  remember that the initial eight hours (one day) of leave relating to the
				  condition must be personal leave, compensatory leave or Leave Without
				  Pay.
For each absence due to illness that requires the employee be
				  absent from work for thirty-two consecutive working hours (combined personal,
				  major medical, and compensatory leave), Major Medical Leave can be authorized
				  only when certified in writing by the attending physician.
An employee may use up to three days of earned Major Medical
				  Leave for each occurrence of death in the immediate family requiring the
				  employee's absence from work. No use of personal or compensatory leave will be
				  required prior to the use of Major Medical Leave for this purpose. The
				  immediate family is defined as only a spouse, parent, stepparent, sibling,
				  child, stepchild, grandchild, grandparent, son-in-law, daughter-in-law,
				  mother-in--law, father-in-law, brother-in-law, 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.
An employee may use up to six 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 year of
				  placement.
With appropriate documentation, an employee is entitled to
				  use all accrued Major Medical Leave for recuperation from illness. In cases of
				  illness or disability exhausting available Major Medical Leave, the employee
				  may be allowed to charge the excess days against accumulated personal leave or
				  compensatory time earned by the employee. If all accumulated major medical,
				  personal leave and compensatory time have been used, employees are subject to a
				  pro rata deduction from their salaries for the length of time or number of days
				  in excess of accumulated leave. Family Medical Leave is also available for
				  qualifying State employees and is described in detail in the Family and Medical
				  Leave Act Leave Section herein.
A state law enforcement officer who is injured by wound or
				  accident in the line of duty is not required to use earned major medical leave
				  during the period of recovery from such injury.
Should an employee die having accumulated Major Medical
				  Leave, such leave will be counted as creditable service. Employers have no
				  authority to pay an employee's beneficiary for unused Major Medical Leave in
				  the event of an employee's death.
Compensatory Leave
Compensatory leave is administered in accordance with State
				  law and in compliance with the Fair Labor Standards Act and the regulations
				  promulgated by the U. S. Department of Labor (hereinafter referred to as
				  "DOL").
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FLSA Compensatory
				  Leave
State employees in positions which have been classified
				  "non-exempt," as defined in the federal regulations promulgated by DOL pursuant
				  to the Fair Labor Standards Act (hereinafter referred to as "FLSA"), may
				  receive compensatory time at a rate of not less than one and one-half hours for
				  each hour worked over forty hours in a workweek as defined in DOL regulations,
				  instead of cash overtime pay. State employees in positions that have been
				  classified as "exempt" under DOL regulations may receive compensatory time
				  earned under FLSA only when they perform duties of a "non-exempt" position on
				  an emergency and temporary basis. There are limits on the extent to which the
				  non-exempt employee may continue to accrue compensatory time. The limit of
				  earned compensatory time under the FLSA for most non-exempt employees is 240
				  hours. Law enforcement, fire fighters, emergency response personnel, and
				  employees engaged in seasonal activities may accrue up to 480 hours of
				  compensatory time under the FLSA. State employees should consult their agency
				  Human Resources Office to confirm the status of their position under the FLSA,
				  when their DOL workweek begins and ends, and to determine the limit of
				  compensatory time, which may be earned for their position under the
				  FLSA.
The appointing authority may require a State employee to use
				  compensatory time earned pursuant to the FLSA prior to the use of accrued
				  personal or state compensatory time. Further, the appointing authority may
				  require a non-exempt employee to take FLSA compensatory time off when the
				  employee's compensatory time earned under the FLSA has reached the limit
				  allowed under the regulations, as stated above.
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State Compensatory
				  Leave
State law provides that 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. Further,
				  except as otherwise provided by statute, when in the opinion of the appointing
				  authority, it is essential that a State employee work during an official State
				  holiday, the employee will receive credit for compensatory leave. Compensatory
				  time earned under State law is credited at a rate of an hour for an hour for
				  all employees.
Upon termination of employment, an employee may not be paid
				  for accumulated state compensatory leave. Should an employee retire having
				  accumulated state compensatory leave, such leave may not be counted as
				  creditable service for retirement purposes. Employers also have no authority to
				  pay an employee's beneficiary for unused state compensatory leave in the event
				  of an employee's death.
Administrative Leave
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.
* 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.
* 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 manmade,
				  technological or natural disaster or emergency. Any employee on a previously
				  approved leave shall be eligible for such administrative leave granted by the
				  Governor or appointing authority, and shall not be charged for his or her
				  previously approved leave.
* The appointing authority may grant administrative leave
				  with pay to any employee who is a certified disaster service volunteer of the
				  American Red Cross (hereinafter referred to as "ARC") and who participates in
				  specialized disaster relief services for the ARC in this State and in states
				  contiguous to this State when the ARC requests the employee's participation.
				  Administrative leave granted under this paragraph cannot exceed twenty days in
				  any twelve-month period. An employee on leave under this paragraph is not
				  considered to be an employee of the State for the purposes of workers'
				  compensation or for purposes of claims against the State. As used in this
				  paragraph, the term "disaster" includes disasters designated at level II and
				  above in the ARC national regulations and procedures.
Accumulated Leave Upon
				  Retirement
Unused personal and Major Medical Leave for which an employee
				  is not compensated upon termination or retirement will be transferred by the
				  employee's agency to the Public Employees' Retirement System (hereinafter
				  referred to as "PERS") and be counted by PERS as creditable service for the
				  purpose of the retirement system as outlined in the relevant PERS statutes and
				  regulations.
Contact the agency Human Resources Office, payroll officer
				  and/or PERS (
http://www.pers.ms.gov
) for answers to
				  specific questions regarding the crediting of unused leave.
Leave Record Keeping
All State agencies whose payroll is processed through the
				  online system of record offer the same leave record reporting method. Time and
				  leave record reporting should be entered into the online system of record in a
				  timely manner to ensure that records accurately reflect the State's liabilities
				  and obligations. The balances of both personal and Major Medical Leave are
				  reported on each pay stub. Employees should verify leave balances on a monthly
				  basis for accuracy.
Donated Leave for Catastrophic Injury or
				  Illness
"Catastrophic injury or illness" means a life-threatening
				  injury or illness of an employee or a member of an employee's immediate family,
				  including only a spouse, parent, stepparent, sibling, child or stepchild, 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 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.
Any employee may donate a portion of his or her earned
				  personal leave or Major Medical Leave to another employee who is either
				  suffering from a catastrophic injury or illness or who has a member of his or
				  her immediate family that is suffering from a catastrophic injury or illness,
				  as follows:
* The employee donating the leave (the "donor employee") must
				  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 must notify the donor employee's supervisor of his or her
				  designation. The donor employee's supervisor will then notify the recipient
				  employee's supervisor of the amount of leave that has been donated by the donor
				  employee to the recipient employee.
* The maximum amount of earned personal leave that an
				  employee may donate to any other employee may not exceed the number of days
				  that would leave the donor employee with fewer than seven days of personal
				  leave, and the maximum amount of earned Major Medical Leave that an employee
				  may donate to any other employee may not exceed fifty percent of the earned
				  Major Medical Leave of the donor employee. All donated leave shall be in
				  increments of at least twenty-four hours.
* 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.
* Before an employee may receive donated leave, he or she
				  must provide his or her supervisor with a physician's statement that states the
				  beginning date of the catastrophic injury or illness, a description of the
				  injury or illness, a prognosis for recovery and the anticipated date that the
				  recipient employee will be able to return to work.
* 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.
* The maximum period of time that an employee may use donated
				  leave without resuming work at his or her place of employment is ninety days,
				  beginning 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 must be
				  returned to the donor employees in the manner provided in this
				  subsection.
* If the total amount of leave that is donated to any
				  employee is not used by the recipient employee, the donated leave must 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. In no case will any donor
				  employee receive more leave in return than the employee donated.
* 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.
* 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 must report the violation to the executive director of the agency by
				  whom he or she is employed or, if the alleged violator is the executive
				  director of the agency, then the employee must report the violation to MSPB.
				  Any person found to have violated this paragraph will be subject to removal
				  from office or termination of employment.
* No employee can donate leave after tendering notice of
				  separation for any reason or after termination of his or her employment.
* 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.
* In order for an employee to be eligible to receive donated
				  leave, the employee must have been employed for a total of at least twelve
				  months by the employer on the date on which the leave is donated and have been
				  employed for at least 1,250 hours of service with such employer during the
				  previous twelve month period from the date on which the leave is
				  donated.
* Donated leave may not be used in lieu of disability
				  retirement.
Family and Medical Leave Act
				  Leave
In keeping with the requirements of the Family and Medical
				  Leave Act of 1993 (hereinafter referred to as "FMLA") and the State of
				  Mississippi's policies, an employee must have worked for the State for a total
				  of twelve months and the employee must have worked for the State for 1,250
				  hours in the twelve-month period immediately preceding the commencement of the
				  leave to be eligible for FMLA leave. An employee meeting these requirements is
				  referred to an "eligible employee" for purposes of this policy.
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Availability of Family Medical
				  Leave
An eligible employee may take up to the equivalent of twelve
				  workweeks of unpaid family and/or medical leave (FMLA leave) during any
				  twelve-month period for one or more of the following purposes:
* For incapacity due to pregnancy, prenatal medical care, or
				  childbirth;
* To care for a newborn son or daughter, a recently adopted
				  child, or a recently placed foster child through formal placement by a State
				  agency;
* To care for a legal spouse, parent (not including in-laws)
				  or son or daughter (under the age of eighteen or over the age of eighteen and
				  incapable of self-care because of a physical or mental disability), who has a
				  serious health condition; or
* Because of a serious health condition that makes the
				  employee unable to perform the functions of his or her job.
Leave to care for a new child must be taken within the first
				  twelve months of birth or placement by adoption or foster care, and leave may
				  be taken by the father and/or the mother of the child.
Federal regulations allow an employer to choose from several
				  different methods in determining the twelve-month period in which the twelve
				  weeks of leave entitlement occurs.
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Military Leave
				  Entitlements
Eligible employees are entitled to two different kinds of
				  leave as a result of having family members in the military:
* Eligible employees are entitled to up to twelve weeks of
				  FMLA leave because of any qualifying exigency arising out of the fact that the
				  spouse, son, daughter, or parent of the employee is a member of any Armed
				  Forces and/or a reserve component of the Armed Forces on covered active duty,
				  or has been notified of an impending call to covered active duty status.
				  Qualifying exigencies may include any one or more of the following:
1) attending to issues arising from a short
				notice (seven days or less) of deployment, with FMLA leave entitlement lasting
				up to seven days from the notice;
2) attending certain military events;
3) attending certain childcare and
				school activities related to the military duty;
4) addressing certain financial and legal
				arrangements;
5) attending certain
				counseling sessions;
6) taking up to
				fifteen days to spend with a military member who is on short-term, temporary
				rest and recuperation leave;
7)
				attending post-deployment reintegration briefings;
8) parental care leave, when a military
				member's parent is incapable of self-care when the care is necessitated by the
				member's covered active duty; or
9)
				other activities agreed to by the agency and the employee. Eligible employees
				must provide notice of the need for such leave as soon as reasonable and
				practicable. This kind of leave may be taken intermittently or on a reduced
				schedule. Upon request, eligible employees must provide documentation to
				support any request for leave.
* Eligible employees may take up to twenty-six weeks of leave
				  during a single twelve-month period to care for a "military member" who is the
				  employee's spouse, son, daughter, parent or next of kin (nearest blood relative
				  or designated as such). A military member is a member of the Armed Forces
				  (including a member of the National Guard or Reserves) who is undergoing
				  medical treatment, recuperation, or therapy, is otherwise in outpatient status,
				  or is otherwise on the temporary disability retired list, for a serious injury
				  or illness; or a veteran, who was discharged or released under conditions other
				  than dishonorable, who is undergoing medical treatment, recuperation, or
				  therapy, for a serious injury or illness and who was a member of the Armed
				  Forces (including a member of the National Guard or Reserves) at any time
				  during the period of five years preceding the date on which the veteran
				  undergoes that medical treatment, recuperation, or therapy, as set forth in the
				  FMLA regulations. Eligible employees may take this kind of leave
				  intermittently, or on a reduced schedule, where medically necessary. This
				  twenty-six week leave entitlement will include all other permissible FMLA
				  leave.
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Serious Health
				  Condition
A "serious health condition" is defined as an illness,
				  injury, or physical or mental condition that involves:
* In-patient care in a hospital, hospice, or residential care
				  facility, including a period of incapacity or treatment related to the
				  inpatient care (i.e., an overnight stay);
* A period of incapacity of more than three consecutive
				  calendar days, with two or more visits to a health care provider, one occurring
				  within seven days of the onset of incapacity, and the second within thirty days
				  of the onset (unless extenuating circumstances exist);
* A period of incapacity of more than three consecutive
				  calendar days, with one or more visits to a health care provider, the first
				  occurring within seven days of the onset of the incapacity, and which results
				  in a regimen of continuing treatment under the supervision of the health care
				  provider (example: four-day absence, one doctor's visit, and prescription
				  medication);
* Any period of incapacity due to pregnancy, for prenatal
				  care, or childbirth;
* Treatment for or incapacity because of a chronic serious
				  health condition (examples: diabetes or epilepsy), which requires periodic
				  visits (at least two per year) for treatment by a health care provider;
* Incapacity which is permanent or long term for which
				  treatment may be ineffective, and the individual is under the continuing
				  supervision of a healthcare provider (example: Alzheimer's Disease); or
* Any absence to receive multiple treatments by a health care
				  provider either for restorative surgery after an injury, or for a condition
				  that would likely result in a period of incapacity of more than three
				  consecutive calendar days in the absence of treatment (example: chemotherapy
				  treatments for cancer).
The serious health condition must prevent the employee from
				  performing the functions of his or her job or prevent the qualified family
				  member from participating in school or other daily functions.
A "serious injury or illness" in the case of a member of the
				  Armed Forces (including a member of the National Guard or Reserves), means an
				  injury or illness that was incurred by the military member in the line of duty
				  on covered active duty in the Armed Forces (or existed before the beginning of
				  the service member's covered active duty and was aggravated by service in the
				  line of duty on covered active duty in the Armed Forces) and that may render
				  the service member medically unfit to perform the duties of the service
				  member's office, grade, rank, or rating; and in the case of a veteran who was a
				  member of the Armed Forces (including a member of the National Guard or
				  Reserves) at any time during a period of covered active duty, means a
				  qualifying (as defined by the Secretary of Labor) injury or illness that was
				  incurred by the covered service member in the line of duty on covered active
				  duty in the Armed Forces (or existed before the beginning of the service
				  member's covered active duty and was aggravated by service in the line of duty
				  on covered active duty in the Armed Forces) and that manifested itself before
				  or after the service member became a veteran, and is:
* A continuation of a serious injury or illness that was
				  incurred or aggravated when the covered veteran was a member of the Armed
				  Forces and rendered the service member medically unfit to perform the duties of
				  the service member's office, grade, rank, or rating; or
* A physical or mental condition for which the covered
				  veteran has received a U.S. Department of Veterans Affairs Service-Related
				  Disability Rating (VASRD) of 50 percent or greater, and such VASRD rating is
				  based, in whole or in part, on the condition precipitating the need for
				  caregiver leave; or
* A physical or mental condition that substantially impairs
				  the veteran's ability to secure or follow a substantially gainful occupation by
				  reason of a disability or disabilities related to military service, or would do
				  so absent treatment; or
* An injury, including a psychological injury, on the basis
				  of which the covered veteran has been enrolled in the Department of Veterans
				  Affairs Program of Comprehensive Assistance for Family Caregivers.
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Intermittent or Reduced Schedule
				  Leave
An eligible employee generally does not need to use FMLA
				  leave entitlement in one block. Eligible employees who, because of a serious
				  health condition of their own or a qualifying relative, need to take FMLA leave
				  on an intermittent basis or to stretch their leave out by working a reduced
				  schedule, must provide certification of the medical necessity for such leave.
				  Eligible employees must make reasonable efforts to schedule planned medical
				  treatment so as not to unduly disrupt the agency's operations. When eligible
				  employees request intermittent or reduced schedule leave because of a birth or
				  placement of a child with them for adoption or foster care, the agency director
				  and/or management will consider such things as how the request for intermittent
				  leave or reduced hours will affect the work output of the employee's position,
				  and the request will be granted only at the agency's discretion. Under certain
				  circumstances, the agency may require an employee on intermittent leave or
				  reduced schedule leave to transfer temporarily to an alternative job for which
				  he or she is qualified and that better accommodates the leave.
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Married Couples
The twelve-week maximum per eligible employee per year
				  applies to married couples, rather than individual employees, if both members
				  of the couple work for any State agency and the leave is for the purpose of
				  caring for a new child by birth, adoption or foster care placement or to care
				  for the employee's parent. Leave requested because of an eligible employee's
				  own serious health condition is not subject to this limitation, nor is leave to
				  care for the eligible employee's sick spouse or child. Husbands and wives who
				  are both employed by any State agency are limited to a combined twenty-six
				  workweeks of leave during the twelve-month period to care for a covered service
				  member.
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Notice Requirements
Employees
:
Employees must provide sufficient information to the agency' s human resources
				  department to determine if the leave qualifies for FMLA protection, and they
				  must also provide the anticipated timing and duration of the leave. Sufficient
				  information may include that the employee is unable to perform job functions,
				  the family member is unable to perform daily activities, the need for
				  hospitalization or continuing treatment by a health care provider, or
				  circumstances supporting the need for military family leave. Employees also
				  must inform the employer if the requested leave is for a reason for which FMLA
				  leave was previously taken or certified.
When leave is foreseeable, employees are required to give
				  thirty days' advance notice of their expected need for FMLA leave. If they fail
				  to provide such notice, the agency may deny the leave until a thirty-day notice
				  period has expired. When thirty days' notice is not possible, employees are
				  required to give as much notice as is practicable, and they generally must
				  comply with the agency's call-in procedures. Medical certification for most
				  FMLA leave is required and must be submitted within no more than fifteen days
				  of an employee's initial request for leave. Medical certifications must be
				  submitted on the appropriate form which may be obtained in the agency's human
				  resources department. It is the employee's obligation to return this form as
				  required. If the certification indicates that the employee does not qualify for
				  FMLA leave, or if the employee fails to return the form in a timely manner, the
				  employee will be subject to the agency's normal attendance and discipline
				  policies. Employees on leave must call the agency periodically (but at least
				  every thirty days) to report on their status and intent to return to
				  work.
The Agency
:
The agency will inform employees if they are eligible under FMLA, if their
				  requested leave will be designated as FMLA-protected, and the amount of leave
				  counted against the employee's leave entitlement. The notice will also specify
				  any additional information required, as well as the eligible employee's rights
				  and responsibilities. If the agency determines that the leave is not FMLA
				  protected, the agency will notify the employee and supply the reason for the
				  ineligibility.
>
Use of Accrued
				  Leave
Employees may choose or employers may require use of accrued
				  paid leave while taking FMLA leave, if they otherwise satisfy all of the
				  procedural requirements for the use of that accrued leave.
Leave for a worker's compensation injury that involves a
				  serious health condition, as defined by this policy, will run concurrently with
				  FMLA leave up through the permissible twelve weeks of FMLA leave.
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Benefits During
				  Leave
Health insurance benefits will be continued during FMLA
				  leave, and the State of Mississippi will continue to cover the applicable
				  premium amount for the employee. An employee may continue dependent coverage
				  during leave, but he or she will be responsible for paying for the coverage on
				  a timely basis. If the employee ceases paying the premium, the State may cancel
				  the dependent coverage. However, the State may also continue the dependent
				  coverage at its own expense and recoup payments from the employee upon the
				  employee's return to active employment. Personal and medical leave benefits
				  will not accrue during unpaid FMLA leave.
An employee who fails to return to work at the end of the
				  FMLA leave and who cannot excuse the failure as due to reasons beyond his or
				  her control, or because of the continuance, recurrence or onset of a serious
				  health condition, is potentially liable for reimbursing the State for its
				  payment of any or all of the health insurance premiums or other non-health
				  premiums it paid during the employee's FMLA leave, except for premiums paid by
				  the State while the employee was concurrently on paid leave. The amounts paid
				  can be deducted from any moneys owed by the State to the employee, including
				  unpaid wages or accrued leave, to the extent permitted by law. Employees are
				  considered to have "returned to work" if they come back to work for at least
				  thirty days after the conclusion of the FMLA leave.
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Return from Leave
Employees returning from FMLA leave will be restored to their
				  prior positions and pay wherever practicable. Such employees will receive all
				  benefits accrued prior to the beginning of leave, and they will be provided
				  continuation of, or reinstatement to, health insurance benefits. If the
				  employee's prior position is not available, the employee will be restored to an
				  equivalent position with equivalent pay and terms and conditions of
				  employment.
Employees must report on their intention to return to work as
				  requested by the agency. So that their work may be properly scheduled,
				  employees must provide reasonable notice (within two business days) of any
				  foreseeable changed circumstances requiring either longer or shorter FMLA leave
				  periods than originally requested.
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Unlawful Acts
The FMLA makes it unlawful for any employer to interfere
				  with, restrain, or deny the exercise of or the attempt to exercise any right
				  provided under the FMLA; or discharge or discriminate against any person for
				  opposing any practice made unlawful by the FMLA or for involvement in any
				  proceeding under, or relating to, the FMLA.
Please notify the agency's executive director immediately if
				  any of these actions occur. Employees may also file a complaint with the United
				  States Department of Labor or bring a private lawsuit against the
				  agency.
Temporary Assignments
Mississippi Code Annotated §
									25-9-125 allows for a State
				  Service employee, with the consent of the head of the department, agency or
				  institution and the concurrence of the MSPB Executive Director, may be placed
				  on a leave of absence for purposes of accepting an assignment in the Non-State
				  Service for a period not to exceed one year.
Leave Without Pay
Leave Without Pay (hereinafter referred to as "LWOP") is
				  employee leave taken in the absence of paid leave. LWOP must be authorized by
				  the appointing authority. When a State government employee is on LWOP, it is
				  the employee's responsibility to pay the employee and employer portion, if any,
				  of all insurance premiums the employee wishes to continue. In order to continue
				  insurance coverage while out on LWOP, the employee should contact his or her
				  human resources director.
Use of Leave During
				  Pregnancy
Women affected by pregnancy, childbirth or related medical
				  conditions will be treated the same for all employment-related purposes,
				  including receipt of benefits under fringe benefit programs, as other persons
				  not so affected but similar in their ability or inability to work. All types of
				  leave will be granted to pregnant women on the same terms as leave is granted
				  to other employees. When certified in advance by a medical doctor, pregnant
				  women can use Major Medical Leave for regularly scheduled prenatal care by a
				  medical doctor without the requirement that personal leave be used for the
				  first eight hours of each absence for subsequent visits. Just as with Major
				  Medical Leave, the first day (or the first eight hours) of leave taken for
				  pregnancy must be personal or compensatory leave or leave without pay if the
				  employee has no accrued personal or compensatory leave.
Military Leave
Employees who are members of the military reserves or former
				  members of the military are entitled to fifteen days of paid leave of absence
				  when ordered to duty to participate in training or military exercises. Such
				  employees are further entitled to unpaid leaves of absence from their
				  respective duties in excess of the previously outlined fifteen days without
				  loss of time, annual leave or efficiency rating until relieved from duty when
				  ordered to duty as above.
The Uniformed Services Employment and Re-Employment Act of
				  1994, a federal law, requires employers to allow up to five years of unpaid
				  leave to a soldier who leaves employment to perform military duty, performs
				  that duty satisfactorily, and requests his or her job back within the statutory
				  time limits. The soldier must be re-employed without regard to whether the
				  military duty was voluntary or involuntary.
Educational Leave
State agencies are authorized to grant paid educational leave
				  on a part-time or full-time basis and/or reimburse employees for educational
				  leave expenses in order for employees to develop job-related skills and to
				  develop employees for higher-level professional and management positions; to
				  prescribe eligibility for such educational leave and expense reimbursement; and
				  for related purposes.
Employees should note that not all State agencies
				  offer educational leave.
Employees may contact their agency Human Resources Office for
				  more information on the availability of educational leave benefits and agency
				  specific policies pertaining to educational leave.
Mississippi Living Organ Donor
				  Leave
All full-time or part-time employees who have been employed
				  by any agency of State government for a period of six months or more and who
				  donate an organ, bone marrow, blood or blood platelets are eligible for organ
				  donor leave. Those individuals employed by local government entities or school
				  districts are not eligible for leave under this policy.
Employees may use organ donor leave only upon receipt of
				  prior approval from the donor employee's agency but are not required to use
				  accumulated Major Medical Leave or personal leave before using organ donor
				  leave. Certification by the employee's attending physician for an employee
				  participating as a bone marrow or organ donor will be required prior to using
				  organ donor leave.
Employees requesting placement on organ donor leave for the
				  purpose of donating blood or blood platelets must provide verification from the
				  blood service organization of the donation of blood and/or blood platelets to
				  their supervisor upon returning to work to be approved for organ donor
				  leave.
An employee may use:
* Up to thirty days (240 hours) of organ donor leave in any
				  twelve-month period to serve as a bone marrow donor;
* Up to thirty days (240 hours) of organ donor leave in any
				  twelve-month period to serve as an organ donor;
* Up to one hour to donate blood every fifty-six days;
				  and
* Up to two hours to donate blood platelets no more than
				  twenty-four times in a twelvemonth period in accordance with appropriate
				  medical standards established by the ARC or other nationally recognized
				  standards.
Mississippi
				  Code Annotated §§
										25-3-93 and
				  25-3-97.
Mississippi
				  Code Annotated §
										25-3-95.