reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 4 - EMPLOYEE BENEFITS › Section 27-120-4.1 - DEFERRED COMPENSATION PLAN

Current through June 25, 2024
Deferred Compensation is a supplemental, voluntary savings
				  plan administered by the Public Employees' Retirement System Board of Trustees
				  offering tax advantages to participants. Employees who choose to participate in
				  this plan may set aside part of their salary each year. Income tax liability is
				  postponed on that part of their salary until the year in which the employee
				  actually receives the deferred amount. Interest and/or earnings also are tax
				  deferred until withdrawal. Interested employees may contact their Human
				  Resources Office, payroll office, or PERS.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 4 - EMPLOYEE BENEFITS › Section 27-120-4.3 - TRAVEL AND EXPENSES

Current through June 25, 2024
If a State employee is required to travel in the performance
				  of an official duty, reasonable expenses will be paid by the State. Prior
				  approval may be required for travel reimbursement. Employees should request
				  information regarding their agency's travel reimbursement policy from their
				  human resources director. Rules and regulations governing official travel are
				  established by the Department of Finance and Administration.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 4 - EMPLOYEE BENEFITS › Section 27-120-4.4 - SOCIAL SECURITY

Current through June 25, 2024
Every employee of the State of Mississippi is required to
				  participate in the federal Social Security program. For further information,
				  you may call Social Security at 1-800-772-1213.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 4 - EMPLOYEE BENEFITS › Section 27-120-4.5 - RETIREMENT

Current through June 25, 2024
Employees and officials of the State become members of the
				  Public Employees' Retirement System as a condition of employment. PERS
				  participation and coverage is provided to employees in positions requiring
				  employees to work and receive compensation for
not
less than
				  twenty hours per week OR
not
less than eighty hours per month.
				  Participation is restricted to employees whose wages are subject to payroll
				  taxes and are reported on IRS Form W-2.
When a State employee is first employed, the agency will
				  furnish the employee with a member information form to establish a membership
				  account. The employee's social security number will serve as a membership
				  number. A fiscal year membership statement will be sent to the employee each
				  year containing information regarding contributions paid into PERS. Additional
				  information is contained in the
PERS Member
				  Handbook
which the agency will provide. You may also contact
				  PERS by calling 1-800-444-7377 or (601) 359-3589 or visit the website at
http://www.pers.ms.gov
.
Contributions
An employee's monthly contribution is equal to a percentage
				  of the employee's Gross Reportable Earnings, and this amount is refundable. The
				  employer's monthly contribution of a percentage of the employee's Gross
				  Reported Earnings is not refundable.
Vesting Period
If an employee was employed by the State of Mississippi at
				  any point prior to July 1, 2007, the employee may receive monthly benefits once
				  the employee becomes eligible for retirement after the employee contributes to
				  the retirement system for at least four years. For those employees first
				  employed by the State of Mississippi after July 1, 2007, the employee must
				  contribute to the retirement system for eight years prior to being able to
				  receive monthly benefits upon eligibility for retirement.
Retirement Eligibility
Any employee hired before June 30, 2011, with twenty-five
				  years of participation in PERS, is eligible to retire and draw monthly benefits
				  at any age. Any employee hired on July 1, 2011 or later, with thirty years of
				  participation in PERS is eligible for retirement and benefits at any age.
				  Alternatively, employees with less than twenty-five years of participation in
				  the retirement system who became members of the retirement system before July
				  1, 2007 and have at least four years of membership in the system are eligible
				  to retire at age sixty and receive a retirement allowance. Employees who became
				  members of the retirement system after July 1, 2007 and have at least eight
				  years of membership in the system are eligible to retire at age sixty and
				  receive a retirement allowance.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 4 - EMPLOYEE BENEFITS › Section 27-120-4.6 - INSURANCE

Current through June 25, 2024
As a benefit to its employees, the State of Mississippi
				  provides a life and health insurance plan to assist its employees with the cost
				  of such insurance. The State and School Employees' Life and Health Insurance
				  Plan (hereinafter referred to as "the Plan") provides State employees and their
				  dependents with many options for health and life insurance coverage. All new
				  employees are provided with a Summary Plan Description (hereinafter referred to
				  as "SPD") that describes in more detail the Plan's benefits, eligibility and
				  how to use the Plan. New SPDs are sent to enrolled employees every year when
				  changes occur in the Plan. Also, all enrolled employees receive the
Health Plan Update
, a newsletter that is
				  distributed throughout the year to give more information about Plan
				  benefits.
All new employees must enroll in the Plan or waive coverage.
				  Enrollment in the Plan is effective on an employee's first day of employment;
				  however, an employee must complete his or her enrollment paperwork within
				  thirty-one days of his or her hire date. Additionally, there is an annual Open
				  Enrollment period for coverage effective the following plan year.
Depending on the employee's specific employment status, the
				  State of Mississippi pays some portion of the health insurance premium and life
				  insurance premium for the employee. The Plan also allows employees to cover
				  their dependents under the Plan by paying the premiums for their dependents
				  through payroll deductions. Eligible dependents include a lawful spouse, as
				  well as the enrollee's child up to age 26. Dependent children who meet
				  eligibility requirements at the time of enrollment may remain covered
				  regardless of age if permanently physically disabled or mentally disabled, are
				  incapable of self-sustaining employment, and depend upon the enrollee for 50%
				  or more of their support. The disabling condition must have occurred prior to
				  the dependent's 26th birthday.
For additional information, you may contact your Human
				  Resources Office, the Department of Finance and Administration's ("DFA") Office
				  of Insurance, or visit the DFA website at
http://www.dfa.state.ms.us
.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 4 - EMPLOYEE BENEFITS › Section 27-120-4.7 - CAFETERIA PLAN

Current through June 25, 2024
An employee of the State of Mississippi may choose to
				  participate in a Section 125 plan, also known as a "Cafeteria Plan." A
				  Cafeteria Plan allows employees' payments for health, life, dental and vision
				  care, prescription drugs, disability contributions, and deposits to flexible
				  spending accounts to be deducted pre-tax from an employee's earnings.
Please contact your agency Human Resources Office or payroll
				  office for information on how to participate in your agency's Cafeteria
				  Plan.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 4 - EMPLOYEE BENEFITS › Section 27-120-4.8 - STATE CREDIT UNIONS

Current through June 25, 2024
All State employees are eligible to join the Public
				  Employees' Credit Union as well as applicable agency specific credit unions.
				  Credit Unions are non-profit financial organizations serving the savings and
				  borrowing needs of members. Services such as financial counseling, money orders
				  and free notarizing may also be provided. Credit Unions return all earnings
				  exceeding operating expenses to its members in the form of dividends, interest,
				  reserves, and services. The Public Employees' Credit Union may be contacted at
				  (601) 948-8191.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 4 - EMPLOYEE BENEFITS › Section 27-120-4.9 - UNEMPLOYMENT COMPENSATION

Current through June 25, 2024
If a State employee becomes separated from a job for reasons
				  beyond the employee's control, that employee may be eligible for unemployment
				  compensation. Inquiries may be directed to the Mississippi Department of
				  Employment Security or visit the web site at
http://www.mdes.ms.gov
.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 5 - STANDARDS OF EMPLOYEE CONDUCT › Section 27-120-5.1 - EMPOYEE WORK SCHEDULES

Current through June 25, 2024
State law requires that all State offices be available to the
				  public for services from 8:00 a.m. until 5:00 p.m., Monday through
				  Friday.
MSPB defines a normal work schedule as eight hours per day,
				  forty hours per week, 173.929 hours per month and 2,087 hours per year.
Each part-time employee will be provided a schedule of
				  working hours.
To provide for maximum flexibility in scheduling employees,
				  the appointing authority may develop modified work schedules providing for
				  flextime, compressed, or telework. "Flextime" is a schedule which offers agency
				  management a choice to vary employee arrival and departure times from work. A
				  "compressed work schedule" allows agency management to schedule the general
				  forty-hour workweek requirement in less than the usual five workdays per week.
				  Telework means a work flexibility arrangement under which an employee performs
				  duties, responsibilities, or other authorized activities from an approved
				  worksite other than the location from which the employee would otherwise
				  work.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 5 - STANDARDS OF EMPLOYEE CONDUCT › Section 27-120-5.3 - ATTENDANCE

Current through June 25, 2024
Regular attendance is a basic condition of employment with
				  the State of Mississippi and shall be considered among the essential elements
				  for all employees. All employees must report to and leave work at the time
				  designated by their employer. Anticipated absence from work is to be arranged
				  with the employee's supervisor in advance, and unexpected absences are to be
				  reported promptly to the employee's supervisor prior to the beginning of the
				  employee's work period.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 5 - STANDARDS OF EMPLOYEE CONDUCT › Section 27-120-5.4 - DILIGENCE DURING WORK PERIOD

Current through June 25, 2024
All employees must apply themselves to their assigned duties
				  during the full schedule for which compensation is being received, except for
				  reasonable time provided to take care of personal needs.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 5 - STANDARDS OF EMPLOYEE CONDUCT › Section 27-120-5.5 - WORK PERFORMANCE

Current through June 25, 2024
All employees must meet established performance standards.
				  Any conditions or circumstances in the work environment, which prevent an
				  employee from performing effectively, are to be reported to the
				  supervisor.
Many departments and agencies maintain more specific rules
				  for employees. The employee's supervisor or the agency Human Resources Office
				  may provide additional information.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 5 - STANDARDS OF EMPLOYEE CONDUCT › Section 27-120-5.8 - CONFLICT OF INTEREST

Current through June 25, 2024
State employees should be especially careful to avoid using,
				  or appearing to use, an official position for personal gain, giving unjustified
				  preferences, or losing sight of the need for efficient and impartial decision
				  making in the State's method of operation. No act should be committed which
				  could result in questioning the integrity of State government.
Employees are not to engage in any activity in either a
				  private or official capacity where a conflict of interest may exist. A State
				  employee's first loyalty should be to the public's interest. Associations,
				  dealings or interests that could affect an employee's objectivity in performing
				  the employee's job or in making the decisions required of the employee's
				  position should be avoided. However, employees are encouraged to participate in
				  professional and civic organizations if such participation does not adversely
				  affect the employee's role as a public employee.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 5 - STANDARDS OF EMPLOYEE CONDUCT › Section 27-120-5.10 - WORKPLACE VIOLENCE

Current through June 25, 2024
Each appointing authority must take appropriate steps to
				  provide a safe workplace environment for employees that is free from violence.
				  Employers must immediately respond to acts of violence, intentional damage to
				  property, and acts of aggression or intimidation in the workplace. Any threat
				  of workplace violence to employees or the general public, direct or implied, is
				  strictly prohibited and should be immediately reported to agency
				  management.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 5 - STANDARDS OF EMPLOYEE CONDUCT › Section 27-120-5.11 - DRUG-FREE WORK PLACE ACT OF 1988

Current through June 25, 2024
The Drug-Free Workplace Act of 1988 requires grantees of
				  federal agencies to certify that they will provide a drug-free workplace. State
				  agencies which are federal grantees must comply fully with the provisions of
				  this law.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 5 - STANDARDS OF EMPLOYEE CONDUCT › Section 27-120-5.12 - DRUG AND ALCOHOL TESTING

Current through June 25, 2024
State law governing drug and alcohol testing of employees and
				  job applicants provides procedures and guidelines for appointing authorities
				  who wish to formulate a drug and alcohol testing policy. Except as provided by
				  federal law, agencies are not required to administer drug or alcohol tests. If
				  an agency chooses to implement a drug and alcohol testing policy, it must
				  comply with State law. However, Mississippi's statutory law regarding drug and
				  alcohol testing does not apply to agencies subject to any federal law or
				  regulations which govern the administering of drug and alcohol tests. Agencies
				  are also required to be cognizant of the proscriptions of the Americans with
				  Disabilities Act regarding pre-employment medical tests. Refusal to take a drug
				  or alcohol test when directed to do so by an employer, in accordance with
				  applicable state and federal law, is considered good cause for possible
				  disciplinary action pursuant to Chapter 7.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 5 - STANDARDS OF EMPLOYEE CONDUCT › Section 27-120-5.14 - PROHIBITED RELATIONSHIPS

Current through June 25, 2024
The State of Mississippi requires that all employees behave
				  at all times in a professional manner that avoids any unlawful discrimination,
				  including harassment, conflict of interest, or risk of a claim or loss to the
				  State of Mississippi. These requirements include maintenance of a work
				  environment in which the State prohibits romantic, dating or sexual
				  relationships between:
* employees working in a common sphere of influence, meaning
				  a relationship between a supervisor and subordinate, or any relationship in
				  which one employee supervises or manages, directly or indirectly, another
				  employee or makes decisions concerning another employee's terms, conditions or
				  privileges of employment, and/or
* an employee and a contractor, subcontractor, potential
				  employees or vendor when the employee has the capacity to influence, directly
				  or indirectly, the business relationship or potential employment.
Such relationships can cause conflict and adversely affect
				  morale, operations and productivity because of the perception of impropriety or
				  unfairness and the possibility of accusations that one's position is being used
				  to obtain or grant sexual favors, and of inappropriate influence on others,
				  favoritism, bias or unfair treatment. Additional problems can occur in the
				  workplace should the relationships cease.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 5 - STANDARDS OF EMPLOYEE CONDUCT › Section 27-120-5.15 - OUTSIDE EMPLOYMENT

Current through June 25, 2024
All employees must be available for and devote their full
				  attention to their assigned duties and responsibilities during scheduled
				  working hours. Further, employees having emergency response responsibilities
				  must be reasonably available during non-scheduled hours. Each employee must
				  ensure that his or her off-the-job activities do not adversely affect job
				  performance with and are not contrary to the interests of the State. For this
				  reason, the following guidelines and rules are established for all
				  employees:
* Employment with the State will be the employee's primary
				  job responsibility and obligation; any other employment will be deemed
				  secondary.
* An employee should not seek or accept outside or secondary
				  employment that may negatively impact or affect the employee's punctual and
				  consistent attendance, ability to satisfactorily and efficiently perform his or
				  her duties or that creates a conflict of interest.
* The demands or requirements of outside or secondary
				  employment may not be considered as excusable reasons for absences, tardiness,
				  poor performance or other areas of concern from a personnel perspective.
* Prior to seeking or accepting outside employment, full-time
				  regular employees must discuss a secondary job with management to determine
				  whether or not the job is considered a "conflict of interest" as previously
				  defined herein.
Outside employment refers to a job or task performed for
				  which any form of compensation is received. This includes the receipt of a
				  benefit as opposed to monetary compensation; for example, performing a service
				  and receiving goods for the task performed instead of receiving a salary or
				  wage. Outside employment does not refer to being a member of a reserve
				  component of the military.
Employees engaging in any outside employment must submit a
				  request for approval to the individual or individuals designated by the agency
				  prior to employment. This request must be completed if an outside activity
				  exists at the time the employee is hired by the State; when an outside
				  employment activity previously approved is being discontinued or the nature or
				  scope of the activity is being changed; or, when the employee plans to enter
				  into any outside employment. If the outside employment constitutes a conflict
				  of interest, detracts from the employee's responsibilities, or has an
				  appearance of a conflict of interest, the request will be
				  denied.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 5 - STANDARDS OF EMPLOYEE CONDUCT › Section 27-120-5.16 - SOCIAL MEDIA

Current through June 25, 2024
Social media is defined as the various activities that
				  integrate technology, social interaction, and content creation. Through social
				  media, individuals or groups can create, organize, edit or comment on, combine,
				  and share content. Social media uses many technologies and forms, including
				  social-networking, blogs, wikis, photo-sharing, video-sharing, podcast, social
				  bookmarking, mash-ups, widgets, virtual worlds, microblogs, Really Simple
				  Syndication (RSS) and more.
Any personal social media activity by State employees may not
				  be represented as official state or agency social media activity. State email
				  addresses shall not be used to register for personal social media activity.
				  State employees should not pressure or coerce other employees to connect with
				  them via social media.
It is considered to be protected expression for state
				  employees to engage in social media activity concerning issues of public
				  concern, while on personal time and in a personal capacity. State employees
				  must make clear that any views concerning issues of public concern are those of
				  the individual and do not reflect the views of the state or any entity of the
				  state. State employees maintain their First Amendment rights, but any speech or
				  expression, even in a personal capacity, causing disruption or that undermines
				  the effectiveness and/or operation of the workplace is prohibited.
Any of the following social media activity, comments,
				  expression or posts by a state employee in his or her professional or personal
				  capacity are also prohibited:
A.
				Content that is discriminatory, harassing or physically threatening, as defined
				in sections 5.6 and
				5.9 of this Handbook, toward other
				state employees;
B. Disclosure of
				agency information that is confidential or proprietary;
C. Content that demonstrates unlawful
				conduct;
D. Content that is in
				violation of MSPB conflict of interest regulations, as defined in sections
				5.7,
				5.13 and
				5.14 of this Handbook.
E. Content that is in violation of the
				federal Hatch Act, 5 U.S.C
				Section 1501
et seq.,
and
				5 C.F.R. Section
				151.101
et seq
. Additional
				information concerning the Hatch Act may be found in Section
				5.8 of this Handbook.
State agency regulation of employees engaging in social
				  media, while on personal time and in a personal capacity, must be both
				  consistent and measured. Violations of this policy are subject to disciplinary
				  action as set forth in Chapter 7 of this Handbook.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 6 - PERFORMANCE REVIEW SYSTEM › Section 27-120-6.1 - SCOPE

Current through June 25, 2024
A performance review system serves several distinct purposes
				  and functions, including: aligns, corrects, and leverages the performance of
				  each employee; allows managers to make effective decisions regarding workforce
				  performance issues; and promotes quality services. The performance of each
				  employee whose position is under the salary setting authority of MSPB must be
				  reviewed at least annually.
Performance reviews must be administered in a fair manner and
				  in compliance with state and federal laws. The Performance Review System
				  (hereinafter referred to as "PRS") assesses an employee's performance at either
				  the Outstanding (3.0) Performance Level, the Successful (2.0 - 2.9) Performance
				  Level, or the Improvement Needed (1.0 - 1.9) Performance
				  Level.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 6 - PERFORMANCE REVIEW SYSTEM › Section 27-120-6.2 - APPLICABILITY

Current through June 25, 2024
Every employee whose position is under the salary setting
				  authority of MSPB must have their job performance assessed at least once
				  annually. Assessments are based on the employee's performance in three
				  areas:
1. Use of required
				systems/programs/equipment/instruments
2. Job knowledge/technical ability,
				and
3. Problem solving/decision
				making.
For employees who oversee a program or who have functional
				  supervision of at least one employee, performance in a fourth area is included:
				  project management/delegation.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 6 - PERFORMANCE REVIEW SYSTEM › Section 27-120-6.3 - WORKFORCE TALENT DEVELOPMENT AND SUCCESSION PLANNING

Current through June 25, 2024
The Performance Development System (PDS) used from January
				  15, 2013 - December 31, 2019 included an Individual Development Plan (IDP) to
				  emphasize the importance of development on performance. Effective January 1,
				  2020, the IDP is transitioning to Workforce Talent Development and Succession
				  Planning.
Employees impact agency services. Nowhere is this more
				  evident than in the public sector, where services that are critical to an
				  agency's mission are delivered through our employees. When individual
				  development directly contributes to meeting agency needs, the result is an
				  enhanced level of performance for the agency.
The Workforce Talent Development and Succession Planning
				  Guide on the MSPB website provides details about development and customizable
				  templates agencies can use to coordinate individual development with specific
				  agency needs. The revised IDP includes a section that identifies how the agency
				  benefits from the employee's development plan.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 6 - PERFORMANCE REVIEW SYSTEM › Section 27-120-6.4 - PROCESS

Current through June 25, 2024
The PRS process outlined below provides a brief overview of
				  the annual Review Period. Details of the PRS process are provided with the PRS
				  templates on the MSPB website.
Actions taken by the direct supervisor and the employee at
				  the beginning of the Review Period Section
				  6.4.(A) are
				  performed within fourteen days of the initial employment date, then at
				  twelvemonth intervals for each subsequent Review Period. Actions taken during
				  Review Sessions Section
				  6.4.(B) occur three
				  months and nine months after the initial employment date, then at the six-month
				  midpoint for each subsequent Review Period. Actions taken at the end of the
				  Review Period Section
				  6.4.(C) occur six
				  months and twelve months after the initial employment date, then at
				  twelve-month intervals for each subsequent Review Period.
A.
The Beginning of the Review
				Period
During the first fourteen days of the Review Period, the
				  direct supervisor and employee review, and if necessary, update the job duties
				  of the position and identify what constitutes a Successful (2.0 - 2.9)
				  Performance level.
B.
Review Sessions
Review sessions may be held at any time. However, the direct
				  supervisor must conduct a mid-point review session with the employee during the
				  Review Period. As referenced in 6.4(C), failure to perform job duties before
				  the conclusion of a Review Period may warrant immediate corrective or
				  disciplinary action at any time. The purposes of the review sessions during the
				  Review Period are:
1. To provide
				feedback to the employee concerning the overall assessment of performance
				during the Review Period.
2. To
				review and update duties in light of changing requirements of the employee's
				position.
3. To identify areas of
				performance requiring improvement and to identify methods/training needed to
				facilitate that improvement.
The direct supervisor maintains relevant documentation
				  supporting the performance rating of each employee. Examples of such
				  documentation include, but are not limited to:
1. Narrative statements about the employee's
				performance;
2. Examples of
				work;
3. Previous Performance
				Reviews or Performance Development Assessments;
4. Informal Corrective Action (Section
				7.5 )
5. Formal Disciplinary Action (Section
				7.5 )
Formal disciplinary action is also maintained in the
				  employee's Human Resources personnel file. Supervisors should coordinate with
				  Human Resources whether documentation of Informal Corrective Action should also
				  be included in the employee's personnel file (Section
				  7.5 ). In the event that an agency
				  does not have a Human Resources division, supervisors should coordinate with
				  the appointing authority's designee who has Human Resources
				  responsibilities.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 7 - EMPLOYEE CORRECTIVE AND DISCIPLINARY ACTION › Section 27-120-7.1 - DISMISSED OR OTHERWISE ADVERSELY AFFECTED AS TO COMPENSATION OR EMPLOYMENT STATUS

Current through June 25, 2024
Dismissed
means an involuntary termination of
				  employment. An employee is
adversely affected as to compensation or
				  employment status
when the employee is dismissed, involuntarily demoted
				  with a reduction in pay, or suspended without pay. Each of these personnel
				  actions either reduces or terminate an employee's compensation and shall be
				  based on
inefficiency or other good cause
. State Service employees
				  are first entitled to due process of law before receiving such disciplinary
				  action.
Mississippi Code Annotated §
									25-9-127 provides that this
				  provision
does not
apply to the following persons:
1) employees separated from employment due to
				a curtailment of funds or a reduction in force approved by the MSPB;
2) employees dismissed or otherwise adversely
				affected as to compensation or employment status during the probationary period
				of state service of twelve (12) months;
3) or employees dismissed or otherwise
				adversely affected as to compensation or employment status, as an executive
				officer or other Non-State Service employees of any state agency who serves at
				the will and pleasure of the Governor, board, commission or other appointing
				authority.
Written Reprimand and Informal Corrective
				  Action
Employees may also be issued a Written Reprimand before
				  disciplinary action reducing or terminating an employee's compensation is
				  necessary. A Written Reprimand is formal notice to an employee of inefficiency
				  or other good cause warranting disciplinary action and is intended to correct
				  unacceptable behavior or unsatisfactory job performance. When warranted, an
				  employer may attempt to correct unacceptable behavior or unsatisfactory job
				  performance with a documented warning/counseling session or other appropriate
				  informal means, before taking formal disciplinary action (Written Reprimand,
				  Suspension Without Pay, Involuntary Demotion or Dismissal).
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 7 - EMPLOYEE CORRECTIVE AND DISCIPLINARY ACTION › Section 27-120-7.3 - DUE PROCESS

Current through June 25, 2024
A State Service employee may be dismissed or otherwise
				  adversely affected as to compensation or employment status only after being
				  given
written notice
and
hearing
, complying with
due process of law.
A Non-State Service employee may be dismissed
				  or otherwise adversely affected as to compensation or employment status, with
				  or without cause and is not entitled to due process.
Written notice means the employee is provided with a
				  statement summarizing the reasons(s) the employee is facing possible
				  disciplinary action. The notice should state with sufficient specificity the
				  inefficiency and/or other good cause reason(s), so the employee may adequately
				  respond. The notice must state an appointed time and location for the employee
				  to respond to the allegation(s) in a hearing. The reason(s) listed in the
				  notice will be the only reason(s) addressed throughout the appeals process. The
				  employee may choose to submit a written waiver of the hearing or respond in
				  writing to the allegation(s) in the notice.
The hearing is an informal conference between the employee
				  and the appointing authority or designated representative. The employee must be
				  provided the notice at least five (5) working days prior to the hearing. The
				  purpose of the hearing is to give the employee a meaningful opportunity to
				  respond to the allegation(s) in the notice and for the employer to determine if
				  inefficiency or other good cause exists, warranting disciplinary action.
Administrative Leave/Suspension with Pay
				  Pending the Employee's Due Process Hearing
An employee may be placed on administrative leave/suspension
				  with pay before the due process hearing. The hearing must take place within
				  twenty-five (25) working days from the first day of the administrative
				  leave/suspension with pay and the written notice must be provided to the
				  employee at least five (5) working days prior to the hearing. Factors an
				  employer shall consider in determining if administrative leave/suspension with
				  pay pending the hearing is appropriate include, but are not limited to:
* The seriousness of the allegation(s) against the employee,
				  taking into account the mission of the agency and the employee's particular job
				  duties;
* The reasonable possibility of serious disciplinary action
				  being issued as a result of the pending hearing;
* Whether the employee's continued presence at work pending
				  the hearing would be contrary to the best interests of the agency.
In circumstances where the employee has been charged with a
				  felony, the employee may be suspended without pay before the hearing. This
				  period of suspension without pay prior to the hearing shall not be considered
				  as a disciplinary Suspension Without Pay pursuant to Section
				  7.5.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 8 - GRIEVANCES › Section 27-120-8.1 - GRIEVABLE ISSUES

Current through June 25, 2024
The following issues are grievable and appealable to the
				  Mississippi Employee Appeals Board (MEAB) after exhausting the MSPB grievance
				  procedure:
A. Written Reprimands
				issued pursuant to Section
				7.5 of the MSPB Handbook. Non-state
				service employees may only grieve Written Reprimands on the basis of alleged
				violations of state or federal law.
B. Open Competitive Appointments or
				Promotions into a Permanent State Service position alleged to be in violation
				of MSPB or agency policy;
C.
				Promotions or appointments alleged to be in violation of state and/or federal
				law;
D. Involuntary relocation of
				an employee as an alleged disciplinary measure or for arbitrary or capricious
				reasons; or
E. Alleged violations
				of Mississippi Code Annotated §
									25-9-171 through §
									25-9-177.
An employee is not permitted to file a grievance or appeal to
				  the MEAB concerning issues which are pending or have been concluded in a
				  separate administrative or judicial forum. Additionally, at any time during an
				  EAB appeal, if an employee appeals issues pending before the EAB in a separate
				  administrative or judicial forum, then it is grounds for dismissal of the EAB
				  appeal.
When an employee has received due process (written notice and
				  hearing pursuant to Section
				  7.3 of the MSPB Handbook) prior to
				  being issued a Written Reprimand, the employee may appeal directly to the MEAB
				  without exhausting the MSPB grievance procedure.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 8 - GRIEVANCES › Section 27-120-8.2 - GRIEVANCE PROCEDURE

Current through June 25, 2024
A. Grievances must
				be submitted to the agency Human Resources Director or other agency designee(s)
				within seven (7) working days of the employee becoming aware of the alleged
				grievable issue. In the event that an agency does not have a Human Resources
				division, grievances must be submitted to the appointing authority's designee
				who has Human Resources responsibilities. The HR Director or other agency
				designee shall then timely forward the grievance to the appropriate level
				supervisor to review the issues, meet with the employee, and provide a 1st
				Level Agency Response. The agency Human Resources Director or other agency
				designee shall assist the supervisor in this process.
B. Within seven (7) working days of the
				employee initially submitting the grievance, the designated supervisor shall
				meet with the employee. This timeframe may be extended by agreement of the
				parties. Within three (3) working days of the meeting, the supervisor shall
				provide the employee with the 1st Level Agency Response to the
				grievance.
C. If not satisfied with
				the 1st Level Agency Response, within three (3) working days of receipt, the
				employee may re-submit the grievance to the Human Resources Director or other
				agency designee for it to be timely forwarded to the agency Appointing
				Authority.
D. Within seven (7)
				working days of the grievance being re-submitted, the Appointing Authority or
				his/her designee shall meet with the employee. This timeframe may be extended
				by agreement of the parties. Within three (3) working days of the meeting, the
				Final Agency Response shall be provided to the employee.
E. If not satisfied with the Final Agency
				Response, the employee may file an appeal with the Mississippi Employee Appeals
				Board in compliance with Chapter 9 of the MSPB Handbook.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 8 - GRIEVANCES › Section 27-120-8.3 - GRIEVANCE FORM AND TIMEFRAME REQUIREMENTS

Current through June 25, 2024
Grievances are to be submitted using the MSPB Grievance Form
				  and management shall provide the 1st Level and Final Agency Response on the
				  grievance form. If necessary, either party may attach relevant supporting
				  documents.
An employee's failure to comply with the required timeframe
				  in Section 8.2(A) or
				  8.2(C) prohibits the
				  employee from using or exhausting the grievance procedure. In such
				  circumstances, the MEAB does not have jurisdiction to hear an appeal concerning
				  the issue.
An employee's failure to comply with or exhaust the
				  grievance procedure does not relieve an agency's responsibility to timely and
				  appropriately address such issues as necessary. Issues of concern to an
				  employee that are not considered grievable pursuant to Section
				  8.1 may still require an immediate
				  and appropriate response by the agency. Agencies are especially required to
				  timely and effectively respond to complaints of alleged workplace harassment
				  (Section 5.6 ) and workplace violence (Section
				  5.9 ).
If the agency fails to comply with the required timeframe in
				  Section 8.2(B) or
				  8.2(D) the employee
				  may elect to treat the relief requested as denied at that step and immediately
				  appeal the grievance to the next step.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 8 - GRIEVANCES › Section 27-120-8.4 - GENERAL INFORMATION

Current through June 25, 2024
When a conference (due process hearing) has been held prior
				  to a disciplinary action, the affected employee may appeal directly to the
				  Employee Appeals Board without exhausting the grievance procedure.
If the employee does not present the grievance within the
				  specified time frame, it is considered waived. If the employee does not advance
				  the grievance to the next step within the specified time frame, the last
				  management decision stands.
If management does not react within the specified time frame,
				  the employee may advance the grievance to the next level unless an extension of
				  time to respond is granted to management by written mutual agreement.
All time limits may be extended by mutual written agreement.
It is the responsibility of the aggrieved employee's
				  supervisor and agency human resources director to make certain that all
				  grievances are handled as quickly as possible and without prejudice.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.1 - AVAILABILITY OF RULES AND MEAB ADMINISTRATIVE OFFICE

Current through June 25, 2024
The MSPB shall make these MEAB Administrative Rules available
				  on the MSPB website and MSPB staff shall provide administrative support to the
				  MEAB through the Administrative Office.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.2 - TIME CALCULATIONS

Current through June 25, 2024
In computing any period of time prescribed or allowed by
				  these rules, the day of the act or event from which the designated period of
				  time begins to run shall not be included. The last day of the period so
				  computed shall be included, unless it is a Saturday, Sunday, legal holiday or
				  any other day the Administrative Office is in fact closed, in which event the
				  period runs until the end of the next day that is not a Saturday, Sunday, legal
				  holiday or other day the Administrative Office is closed. Intermediate
				  Saturdays, Sundays, and legal Holidays shall be excluded in the computation
				  when the period of time prescribed or allowed is less than ten (10) days. In
				  the event any legal holiday falls on a Saturday or Sunday, the legal holiday
				  will be observed as mandated by law.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.3 - WHO MAY APPEAL; ACTIONS WHICH MAY BE APPEALED

Current through June 25, 2024
A. State Service
				employees may appeal having been dismissed or otherwise adversely affected as
				to compensation or employment status (formal disciplinary action defined in
				Section 7.1
				).
B. Non-State Service employees
				may appeal having been dismissed or otherwise adversely affected as to
				compensation or employment status (formal disciplinary action defined in
				Section 7.1 ) only on
				the basis of alleged violations of state or federal law.
C. Employees may appeal issues that are
				grievable pursuant to Section
				8.1 after having properly exhausted
				the grievance procedure pursuant to Section
				8.2. When an employee has received
				due process (written notice and hearing pursuant to Section
				7.3 ) prior to being issued a Written
				Reprimand, the employee may appeal directly to the MEAB without exhausting the
				MSPB grievance procedure.
D.
				Employees may appeal alleged violations of Mississippi Code Annotated
				§§
									25-9-171 through
				25-9-177.
E. Pursuant to Mississippi Code Annotated
				§
									25-3-95(8)(e) an
				employee may appeal the decision that he or she 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.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.4 - PERFECTION OF APPEAL BY TIMELY FILING

Current through June 25, 2024
A. All appeals
				shall be initiated by filing a written Notice of Appeal with the Administrative
				Office. Notice of Appeal forms are available to all State agencies and
				employees on the MSPB website.
B. A
				Notice of Appeal must be filed within fifteen (15) days after the date a person
				receives written notice of formal disciplinary action defined in Section
				7.1 or the Final Agency Response to a
				grievance pursuant to Section
				8.2(E) or within
				fifteen (15) days of the first attempted delivery date by certified mail,
				return receipt requested, or other verifiable delivery through the United State
				Postal Service, FedEx, UPS, or other verifiable delivery service, whichever
				occurs first.
C. A fee of one
				hundred dollars ($100.00) in the form of a cashier's check, bona fide
				attorney's check, or money order made payable to the "Mississippi Employee
				Appeals Board" shall be filed by the appealing party with each Notice of
				Appeal. Cash or personal checks will not be accepted. If available, the filing
				fee may be paid electronically.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose › Section 27-120-9.5 - JURISDICTION

Current through June 25, 2024
A. When an appeal
				is filed, a presiding hearing officer shall determine whether or not he or she
				has jurisdiction. If not, the appeal shall be dismissed
sua sponte
				(
of the hearing officer's own will without prompting or suggestion)
				without any type of hearing. If an appeal is dismissed for lack of jurisdiction
				and without hearing, the EAB shall return the appellant's $100 filing
				fee.
B. An employee is not
				permitted to appeal issues which are pending or have been concluded in a
				separate administrative or judicial forum. Additionally, at any time during an
				EAB appeal, if an employee appeals issues pending before the EAB in a separate
				administrative or judicial forum, then it is grounds for dismissal of the EAB
				appeal.
C. Pursuant to Mississippi
				Code Annotated §
									25-9-127, an employee separated
				from employment due to a curtailment of funds or a reduction in force approved
				by the MSPB is not permitted to appeal such decision to the MEAB.