Mississippi Paid Family and Medical Leave Act; establish.

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To: Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Butler-Washington,
James-Jones

HOUSE BILL NO. 1000

AN ACT TO ESTABLISH THE MISSISSIPPI PAID FAMILY AND MEDICAL 1
LEAVE ACT; TO PROVIDE CERTAIN APPLICABLE DEFINITIONS; TO REQUIRE 2
THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY TO ESTABLISH AND 3
ADMINISTER A FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM; TO 4
PROVIDE COVERED INDIVIDUALS WITH THE RIGHT TO PAID FAMILY AND 5
MEDICAL LEAVE; TO DETERMINE THE AMOUNT OF FAMILY AND MEDICAL LEAVE 6
INSURANCE BENEFITS FOR COVERED INDIVIDUALS; TO CREATE THE FAMILY 7
AND MEDICAL LEAVE INSURANCE FUND IN THE STATE TREASURY; TO PROVIDE 8
FOR THE DETERMINATION OF INSURANCE PREMIUMS BY THE STATE 9
TREASURER; TO PROTECT THE EMPLOYMENT OF COVERED INDIVIDUALS WHILE 10
THEY ARE ON LEAVE; TO PROHIBIT EMPLOYERS FROM VIOLATING RIGHTS 11
PROTECTED IN THIS ACT; TO REQUIRE THE DIRECTOR OF THE DEPARTMENT 12
TO HOLD VIOLATING EMPLOYERS LIABLE; TO PROVIDE THAT THIS ACT IS TO 13
BE CONSTRUED ALONGSIDE SIMILAR PROVISIONS IN THE FEDERAL FAMILY 14
AND MEDICAL LEAVE ACT; TO REQUIRE THAT CLAIMS BE MADE IN 15
ACCORDANCE WITH RULES PRESCRIBED BY THE DIRECTOR OF THE 16
DEPARTMENT; TO DISQUALIFY COVERED INDIVIDUALS FROM COVERAGE FOR 17
FRAUD, MISREPRESENTATION, OR ERRONEOUS PAYMENT; TO ALLOW COVERED 18
INDIVIDUALS TO ELECT FOR INITIAL COVERAGE OR SUBSEQUENT COVERAGE; 19
TO PRESCRIBE CERTAIN REQUIREMENTS FOR THE FORMATION AND 20
ADMINISTRATION OF THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM; 21
TO REQUIRE CERTAIN ACTIONS BY THE DEPARTMENT IF THE INSURANCE 22
BENEFITS IN THIS ACT ARE SUBJECT TO FEDERAL INCOME TAX; TO ALLOW 23
FOR INTERMITTENT OR REDUCED LEAVE; TO REQUIRE THE DEPARTMENT TO 24
MAKE AN ANNUAL REPORT TO THE LEGISLATURE; TO REQUIRE THE 25
DEPARTMENT TO CONDUCT A PUBLIC EDUCATION CAMPAIGN ABOUT THE 26
PROGRAM; TO ENCOURAGE THE DEPARTMENT TO COLLECT DATA FOR THE 27
PURPOSE OF LIMITING THE COST OF THE PROGRAM; TO REQUIRE EMPLOYERS 28
TO PROVIDE WRITTEN NOTICE OF THE PROGRAM TO EMPLOYEES UPON HIRING 29
AND ANNUALLY THEREAFTER; TO AMEND SECTION 25-3-105, MISSISSIPPI 30
CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING 31
FORWARD SECTIONS 25-3-91, 25-3-92, 25-3-93 AND 25-3-95, 32
MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR ADMINISTRATIVE, 33
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PERSONAL AND MAJOR MEDICAL LEAVE FOR STATE EMPLOYEES, FOR THE 34
PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 35
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 36
SECTION 1. Definitions. As used in this act, unless the 37
context clearly requires otherwise, the following terms shall be 38
defined as provided in this section: 39
(a) "Alternative base period" means the last four (4) 40
completed calendar quarters immediately preceding the first day of 41
an individual's application year. 42
(b) "Application year" means the twelve-month period 43
beginning on the first day of the calendar week in which an 44
individual files an application for family leave insurance 45
benefits. 46
(c) "Average weekly wage" means one-thirteenth (1/13) 47
of the wages paid during the quarter of the covered individual's 48
base period or alternative base period in which the total wages 49
were highest. 50
(d) "Base period" means the first four (4) of the last 51
five (5) completed calendar quarters immediately preceding the 52
first day of an individual's application year; provided that if 53
the first quarter of the last five (5) completed calendar quarters 54
was included in the base period applicable to any individual's 55
previous application year, the individual's base period shall be 56
the last four (4) completed calendar quarters. 57
(e) "Child" means, regardless of age, a biological, 58
adopted or foster child, stepchild or legal ward, a child of a 59
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domestic partner, a child to whom the covered individual stands in 60
loco parentis, or a person to whom the covered individual stood in 61
loco parentis when the person was a minor. 62
(f) "Covered individual" means a person who: 63
(i) Satisfies the following earnings requirements: 64
1. Has earned not less than twenty-six (26) 65
times the minimum weekly benefit amount pursuant to Section 66
71-5-503 from work in the state during the person's base period or 67
alternative base period; and 68
2. Has earned not less than forty (40) times 69
the person's weekly benefit amount pursuant to Section 71-5-503 70
from work in the state during that quarter of the person's base 71
period or alternative base period in which the person's wages were 72
highest; 73
(ii) Meets the administrative requirements 74
outlined in this act and in other law and rules; and 75
(iii) Submits an application. 76
(g) "Department" means the Department of Employment 77
Security. 78
(h) "Director" means the executive director of the 79
department. 80
(i) "Employee" means an individual employed by an 81
employer within this state. 82
(j) "Employer" has the same meaning as defined in the 83
federal Fair Labor Standards Act of 1938 (29 USC Section 203(d)). 84
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However, this term does not include the State of Mississippi or 85
any agency, department or institution of the state. 86
(k) "Family and medical leave insurance benefits" means 87
the benefits provided under this act. 88
(l) "Family member" means: 89
(i) A child; 90
(ii) A biological, adoptive or foster parent, 91
stepparent, or legal guardian of a covered individual or a covered 92
individual's spouse or domestic partner or a person who stood in 93
loco parentis when the covered individual or the covered 94
individual's spouse or domestic partner was a minor child; 95
(iii) A person to whom the covered individual is 96
legally married under the laws of a state or jurisdiction of the 97
United States; 98
(iv) A grandparent or step-grandparent of the 99
covered individual or the covered individual's spouse or the 100
domestic partner; 101
(v) A grandchild or step-grandchild of the covered 102
individual or the covered individual's spouse or domestic partner; 103
(vi) A biological, foster, or adopted sibling or 104
the spouse or domestic partner of the sibling; 105
(vii) A domestic partner registered as such under 106
the laws of a state or political subdivision; or 107
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(viii) Any other individual related by blood or 108
whose close association with the covered individual is the 109
equivalent of a family relationship. 110
(m) "Health care provider" means any person licensed 111
under federal law, any state law, or the laws of another country 112
in which the person practices to provide medical or emergency 113
services, including, but not limited to, doctors, nurses and 114
emergency room personnel, clinical social workers, licensed 115
professional counselors or certified nurse midwives. 116
(n) "Paid family and medical leave" means leave taken 117
from employment, self-employment or availability for employment in 118
connection with family and medical leave insurance benefits under 119
this act. 120
(o) "Qualifying exigency leave" means leave for the 121
family member of a service member for a need arising out of a 122
covered individual's family member's active duty service or notice 123
of an impending call or order to active duty in the United States 124
Armed Forces, including, but not limited to: 125
(i) Providing for the care or other needs of the 126
service member's child or other family member; 127
(ii) Making financial or legal arrangements for 128
the service member; 129
(iii) Attending counseling; 130
(iv) Attending military events or ceremonies; 131
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(v) Spending time with the service member during 132
rest and recuperation leave; 133
(vi) Spending time with the service member 134
following a return from deployment; or 135
(vii) Making arrangements following the death of 136
the service member. 137
(p) "Serious health condition" has the same meaning as 138
defined in the federal Family and Medical Leave Act of 1993 (29 139
USC 2611(11)). 140
(q) "State average weekly wage" has the same meaning as 141
the term "average weekly wage for the state," as referenced in 142
Section 71-3-3. 143
SECTION 2. Establishment of program. The Mississippi 144
Department of Employment Security shall establish and administer a 145
Family and Medical Leave Insurance Program using monies from the 146
Family and Medical Leave Insurance Fund and pay family and medical 147
leave insurance benefits as specified in this act. This act does 148
not apply to any person who is eligible for paid parental leave 149
under Section 25-3-105. 150
SECTION 3. Entitlement to paid leave. (1) Beginning on 151
January 1, 2029, a covered individual has the right to take paid 152
family and medical leave and to receive family and medical leave 153
insurance benefits pursuant to this act if the individual meets 154
one (1) of the following requirements: 155
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(a) Because of birth, adoption, or placement through 156
foster care, is caring for a new child within the first year of 157
the anticipated birth, adoption or placement; 158
(b) Is caring for a family member with a serious health 159
condition; 160
(c) Has a serious health condition; or 161
(d) Because of any qualifying exigency leave arising 162
out of the deployment of a family member of the covered 163
individual. 164
(2) Benefits are payable to an individual who is not 165
currently employed and has been separated from employment for not 166
more than twenty-six (26) weeks at the start of the individual's 167
paid family and medical leave, but who is a covered individual 168
meeting one (1) of the requirements listed in subsection (1) of 169
this section. 170
(3) The maximum number of weeks for which a covered 171
individual may take paid family and medical leave and for which 172
family and medical leave insurance benefits are payable in an 173
application year is twelve (12) weeks. 174
SECTION 4. Amount of family and medical leave insurance 175
benefits. (1) The amount of family and medical leave insurance 176
benefits is determined as follows: 177
(a) The weekly benefit is ninety percent (90%) of a 178
covered individual's average weekly wage; however, if a covered 179
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individual's average weekly wage is less than Thirty Dollars 180
($30.00), then the weekly benefit must be Thirty Dollars ($30.00). 181
(b) The maximum weekly benefit is the state average 182
weekly wage, except that for paid family and medical leave 183
beginning before January 1, 2029, the maximum weekly benefit is 184
One Thousand Dollars ($1,000.00). 185
(2) Family and medical leave insurance benefits are not 186
payable until the covered individual accumulates at least one (1) 187
day or eight (8) consecutive hours of family and medical leave. 188
SECTION 5. Creation of the family and medical leave 189
insurance fund. (1) There is created in the State Treasury the 190
Family and Medical Leave Insurance Fund, referred to in this 191
section as the "fund." Monies in the fund may be used, upon 192
appropriation by the Legislature, only to pay family and medical 193
leave insurance benefits under this act and to administer the 194
family and medical leave insurance program pursuant to this act. 195
Only the director may authorize expenditures from the fund. 196
(2) Whenever, in the judgment of the State Treasurer, there 197
will be in the Family and Medical Leave Insurance Fund an amount 198
of funds in excess of that amount deemed by the State Treasurer to 199
be sufficient to meet the current expenditures properly payable 200
therefrom, the State Treasurer shall have full power to invest, 201
reinvest, manage, contract, sell or exchange investments acquired 202
with such excess funds in the manner prescribed by Section 203
27-105-33. Interest earned on the investment of monies in the 204
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fund, and monies remaining in the fund at the end of a fiscal 205
year, remain in the fund and do not revert to the General Fund or 206
another fund. 207
SECTION 6. Premiums. (1) The State Treasurer is 208
responsible for determining the amount of premiums necessary to 209
finance the Family and Medical Leave Insurance Program annually, 210
not later than October 1, for the coming calendar year. Beginning 211
on October 1, 2027, the State Treasurer shall set the premium as a 212
percentage of employee wages based on sound actuarial principles. 213
(2) Beginning on January 1, 2028, an employee must pay 214
premiums in an amount determined by the State Treasurer under 215
subsection (1) of this section. 216
(3) An employer shall collect the premium amount from each 217
employee and shall remit the premium amount to the State 218
Treasurer, who shall transfer the premiums to the State Treasury 219
for deposit in the Family and Medical Leave Insurance Fund. 220
SECTION 7. Employment protection. (1) Any covered 221
individual who exercises the individual's right to family and 222
medical leave shall, upon the expiration of that leave, be 223
entitled to be restored by their employer to the position held by 224
the covered individual when the leave began, or to a position with 225
equivalent seniority, status, employment benefits, pay, and other 226
terms and conditions of employment, including fringe benefits and 227
service credits that the covered individual was entitled to at the 228
beginning of leave. 229
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(2) During leave taken pursuant to this act, the employer 230
shall maintain any health care benefits that the covered 231
individual had before taking such leave for the duration of the 232
leave as if the covered individual remained in employment 233
continuously from the date that the individual began the leave 234
until the date the individual returns from paid family and medical 235
leave. However, the covered individual shall continue to pay the 236
covered individual's share of the cost of health care benefits as 237
required before the beginning of the leave. 238
SECTION 8. Prohibited acts. (1) It is unlawful for an 239
employer or another person to interfere with, restrain, or deny 240
the exercise of, or the attempt to exercise, any right protected 241
under this act. 242
(2) An employer, temporary help company, employment agency, 243
employee organization or other person shall not discharge, expel, 244
demote, or otherwise discriminate or take adverse employment 245
action against a person because the person: 246
(a) Files, applies for, or uses benefits provided for 247
under this act; 248
(b) Takes leave from work under this act; 249
(c) Intends to file a claim, a complaint, or an appeal 250
in relation to this act; 251
(d) Testifies, is about to testify, or assists in a 252
proceeding under this act at any time, including the period in 253
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which the person receives family and medical leave insurance 254
benefits under this act; or 255
(e) Exercises other rights under this act. 256
(3) It is unlawful for an employer's absence control policy 257
to count paid family and medical leave taken under this act as an 258
absence that may lead to or result in discipline, discharge, 259
demotion, suspension or other adverse action. 260
(4) The protections provided in this section apply to a 261
person who mistakenly but in good faith alleges a violation of 262
this act. 263
SECTION 9. Enforcement. (1) Any employer who violates 264
Section 7 or 8 of this act shall be held liable for damages and 265
such equitable relief as provided under 29 USC Section 2617(a), 266
including that an action to recover such damages or equitable 267
relief may be maintained against any employer who violates Section 268
7 or 8 of this act in the manner prescribed in 29 USC Section 269
2617(a). 270
(2) It shall be the duty of the director to administer this 271
act. The director shall have the power and authority to adopt, 272
amend, or rescind such rules, in accordance with the Mississippi 273
Administrative Procedures Law, Section 25-43-1.101 et seq., and to 274
employ such persons, make such expenditures, require such reports, 275
make such investigations, and take such other action as deemed 276
necessary or suitable to that end, and such rules and regulations 277
shall be effective as provided in the Mississippi Administrative 278
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Procedures Law in the manner, not inconsistent with this act, that 279
the director prescribes. 280
SECTION 10. Coordination of benefits. (1) (a) Leave taken 281
with family and medical leave insurance benefits under this act 282
that also qualifies as leave under the federal Family and Medical 283
Leave Act of 1993 (FMLA) (29 USC Section 2601 et seq.) shall run 284
concurrently with leave taken under the FMLA. 285
(b) An employer may require that family and medical 286
leave insurance benefit payments made pursuant to this act be made 287
concurrently or otherwise coordinated with payment made or leave 288
allowed under the terms of short-term disability or designated 289
family care leave under a collective bargaining agreement or 290
employer policy. The employer must give employees written notice 291
of this requirement when the employee requests leave under this 292
act, or when the employer acquires knowledge that an employee's 293
leave may be for a qualifying reason under Section 3(1) of this 294
act. 295
(2) (a) This act does not diminish an employer's obligation 296
to comply with a collective bargaining agreement or employer 297
policy, as applicable, that provides greater leave or more 298
generous benefits. 299
(b) An agreement by an individual to waive the 300
individual's rights under this act is void as against public 301
policy. 302
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SECTION 11. Appeals. (1) Claims for benefits must be made 303
in accordance with rules that the director prescribes. 304
(2) An applicant for family and medical leave insurance 305
benefits who is dissatisfied with any determination of their claim 306
for family and medical leave insurance benefits under this act may 307
appeal the determination within ninety (90) days of receiving 308
notice of the determination in the manner provided in Section 309
71-5-519. 310
SECTION 12. Erroneous payments and disqualification for 311
benefits. (1) A covered individual may be disqualified from 312
family and medical leave insurance benefits for up to one (1) year 313
if the individual willfully makes a false statement or 314
misrepresentation regarding a material fact, or willfully failed 315
to report a material fact, to obtain benefits under this act. 316
(2) If family and medical leave insurance benefits are paid 317
erroneously or as a result of willful misrepresentation, or if a 318
claim for family and medical leave insurance benefits is rejected 319
after benefits are paid, then the department may seek repayment of 320
benefits from the recipient. The director may exercise discretion 321
to waive, in whole or in part, the amount of any such payments 322
where the recovery would be against equity and good conscience. 323
SECTION 13. Elective coverage. (1) A self-employed person, 324
including an independent contractor, sole proprietor, partner, or 325
joint venturer, may elect coverage under this act for an initial 326
period of not less than three (3) years or a subsequent period of 327
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not less than one (1) year immediately following another period of 328
coverage. A self-employed person who elects coverage shall become 329
eligible for family and medical leave insurance benefits 330
immediately when that individual has met the requirements of 331
Section 1(f)(i) of this act. The self-employed person must file a 332
notice of election in writing with the director, as required by 333
the department. The election becomes effective on the date of 334
filing the notice. 335
(2) A self-employed person who has elected coverage may 336
withdraw from coverage within thirty (30) days after the end of 337
the three-year period of coverage, or at other times as the 338
director may prescribe by rule, by filing written notice with the 339
director, the withdrawal to take effect not sooner than thirty 340
(30) days after filing the notice. 341
(3) A person who has elected coverage under this section and 342
is no longer a self-employed person shall be excused from their 343
obligations under this section, as the department shall prescribe 344
by rule. 345
SECTION 14. Administration. (1) The department shall 346
establish procedures and forms for filing claims for benefits 347
under this act. The department shall notify the employer within 348
five (5) business days of the department's receipt of a claim 349
being filed pursuant to this act. 350
(2) The department shall use information sharing and 351
integration technology to facilitate the disclosure of relevant 352
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information or records so long as an individual consents to the 353
disclosure in the manner provided by applicable law. 354
(3) Information contained in the files and records 355
pertaining to an individual under this act are confidential and 356
not open to public inspection under the Mississippi Public Records 357
Act of 1983 in Section 25-61-1 et seq., other than to public 358
employees in the performance of their official duties. However, 359
an individual, or an authorized representative of a an individual, 360
may review the records or receive specific information from the 361
records on the presentation of the signed authorization of the 362
individual. 363
(4) The director may promulgate rules in accordance with the 364
Mississippi Administrative Procedures Law in Section 25-43-1.101 365
et seq., as necessary to implement this act. In promulgating 366
rules, the director shall maintain, to the extent possible, 367
consistency with the rules promulgated to implement the federal 368
Family and Medical Leave Act of 1993 (29 USC 2601 et seq.). 369
SECTION 15. Income taxes. If the federal Internal Revenue 370
Service determines that family and medical leave insurance 371
benefits under this act are subject to federal income tax, then 372
the department must advise an individual filing a new claim for 373
family and medical leave insurance benefits, at the time the 374
individual files the claim, that: 375
(a) The federal Internal Revenue Service has determined 376
that benefits are subject to federal income tax; and 377
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(b) Requirements exist pertaining to estimated tax 378
payments. 379
SECTION 16. Intermittent or reduced leave schedule. (1) A 380
covered individual shall be entitled, at the option of the covered 381
individual, to take paid family and medical leave on an 382
intermittent or reduced leave schedule in which all of the leave 383
authorized under this act is not taken sequentially. Family and 384
medical leave insurance benefits for intermittent or reduced leave 385
schedules shall be prorated. 386
(2) The covered individual shall make a reasonable effort to 387
schedule intermittent or reduced leave so as not to disrupt unduly 388
the operations of the employer. The covered individual shall 389
provide the employer with prior notice of the schedule on which 390
the covered individual will be taking leave, to the extent 391
practicable. Leave taken on an intermittent leave schedule shall 392
not result in a reduction of the total amount of leave to which a 393
covered individual is entitled beyond the amount of leave actually 394
taken. 395
SECTION 17. Reports. No later than April 1, 2029, and by 396
April 1 of each later year, the department shall report to the 397
Legislature on projected and actual program participation, premium 398
rates, fund balances and outreach efforts. 399
SECTION 18. Public education campaign. The department shall 400
conduct a public education campaign to inform workers and 401
employers about the program and the availability of paid family 402
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leave and medical leave. The department may use a portion of the 403
funds collected for the paid family and medical leave insurance 404
program in a given year to pay for the public education campaign. 405
Outreach information must be available in English, Spanish and 406
other languages spoken by more than ten percent (10%) of the 407
state's population. 408
SECTION 19. Data collection. The department is encouraged 409
to use state data collection and technology to the extent possible 410
in order to keep the cost of the family and medical leave 411
insurance program down and to integrate the program with existing 412
state policies. 413
SECTION 20. Notice to employees. (1) An employer shall 414
provide written notice to each employee upon hiring and each 415
calendar year thereafter. An employer shall also provide written 416
notice to an employee when the employee requests leave under this 417
act, or when the employer acquires knowledge that an employee's 418
leave may be for a qualifying reason under Section 3(1) of this 419
act. The notice must include: 420
(a) The employee's right to family and medical leave 421
insurance benefits under this act and the terms under which it may 422
be used; 423
(b) The amount of family and medical leave insurance 424
benefits; 425
(c) The procedure for filing a claim for benefits; 426
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(d) The right to employment restoration and benefits 427
continuation under Section 7 of this act; 428
(e) A statement that discrimination and retaliatory 429
personnel actions against a person for requesting, applying for, 430
or using family and medical leave insurance benefits is prohibited 431
under Section 8 of this act; 432
(f) A statement informing the employee whether the 433
employer requires payment pursuant to this act be made 434
concurrently or otherwise coordinated with payment made or leave 435
allowed under the terms of short-term disability or designated 436
family care leave under a collective bargaining agreement or 437
employer policy under Section 10 of this act; and 438
(g) That the employee has a right to enforce their 439
rights under this act pursuant to Section 9 of this act. 440
(2) An employer shall also display and maintain a poster in 441
a conspicuous place accessible to employees at the employer's 442
place of business that contains the information required by 443
subsection (1) of this section in English, Spanish and any 444
language that is the first language spoken by at least ten percent 445
(10%) of the employer's workforce, as long as the notice has been 446
made publicly available by the by the department. The director 447
may adopt regulations to establish additional requirements 448
concerning the means by which employers provide the notice. 449
SECTION 21. Section 25-3-105, Mississippi Code of 1972, is 450
amended as follows: 451
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25-3-105. (1) This section shall be known and may be cited 452
as the "Mississippi State Employees Paid Parental Leave Act." 453
(2) As used in this section, the following terms shall be 454
defined as provided in this subsection: 455
(a) "Eligible employee" means a person who has been 456
employed by the State of Mississippi or any agency, department or 457
institution of the state for a minimum of twelve (12) consecutive 458
months in a position for which he or she is compensated on a 459
full-time permanent basis and who is the primary caregiver of a 460
child. 461
(b) "Paid parental leave" means the compensated absence 462
from work provided to an eligible employee for any of the 463
following qualifying events: 464
(i) The birth of the employee's biological child; 465
or 466
(ii) Legal adoption of a child under eighteen (18) 467
years of age. 468
(c) "Primary caregiver" means the parent who has the 469
primary responsibility for the care of a child following the birth 470
or adoption of a child. 471
(3) An eligible employee who is the primary caregiver of a 472
child shall be entitled to receive six (6) weeks (two hundred 473
forty (240) hours) of paid parental leave compensated at one 474
hundred percent (100%) of the employee's regular salary, to be 475
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used to care for the child after the birth or adoption of the 476
child. 477
(4) The paid parental leave provided under this section must 478
be taken within twelve (12) weeks of the birth or adoption of the 479
child. Paid parental leave may be taken only once in a period of 480
twelve (12) months. 481
(5) The paid parental leave provided under this section 482
shall be in addition to other leave benefits available to state 483
employees by state or federal law and shall not be counted against 484
accrued personal leave or major medical leave under Sections 485
25-3-93 and 25-3-95. The paid parental leave shall run 486
concurrently with any leave provided to an eligible employee under 487
the federal Family and Medical Leave Act (FMLA) where applicable. 488
Legal state and federal holidays shall not be counted against the 489
paid parental leave. The paid parental leave shall not be accrued 490
or carried over or used for retirement purposes and is not payable 491
upon separation from state service. 492
(6) An eligible employee requesting the paid parental leave 493
under this section shall give notice at least thirty (30) calendar 494
days before the anticipated leave start date, where foreseeable, 495
to the employee's supervisor and human resources manager and shall 496
follow the employer's usual procedures for notification and 497
documentation. If advance notice of thirty (30) days is not 498
possible due to exigent circumstances, the employee shall notify 499
the employee's supervisor and human resources manager at the 500
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earliest available opportunity and shall follow the employer's 501
usual procedures in doing so. The use of paid parental leave may 502
be restricted due to public safety concerns, at the discretion of 503
the employee's agency head. 504
(7) On July 1, 2026, and every July 1 after, each state 505
agency, department or institution shall submit to the State 506
Personnel Board a report on the use of the paid parental leave 507
provided under this section by the eligible employees of the 508
agency, department or institution for the preceding fiscal year. 509
(8) The State Personnel Board shall develop and implement 510
policies and procedures necessary to administer the provisions of 511
this section, including, but not limited to: 512
(a) Establishing processes for leave requests for and 513
approvals of taking paid parental leave; 514
(b) Defining documentation requirements to substantiate 515
eligibility for paid parental leave; and 516
(c) Ensuring compliance with applicable state and 517
federal laws. 518
(9) The board of trustees of any public school district and 519
the board of trustees of any community or junior college district 520
is authorized to adopt a policy, in addition to any other leave 521
policies of the district, to provide for paid parental leave for 522
employees of the district that includes the same or substantially 523
the same provisions as those of the Mississippi State Employees 524
Paid Parental Leave Act. 525
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(10) This section does not apply to any person who is 526
eligible for paid family and medical leave benefits under Sections 527
1 through 20 of this act. 528
SECTION 22. Section 25-3-91, Mississippi Code of 1972, is 529
brought forward as follows: 530
25-3-91. For purposes of Sections 25-3-91 through 25-3-99, 531
the following words and terms shall have the meaning described 532
herein, unless the context requires otherwise: 533
(a) "Appointing authority" shall mean such person, 534
agency or authority authorized by law to employ individuals in 535
state government, but shall not include the Board of Directors of 536
the Mississippi Industries for the Blind. 537
(b) "Catastrophic injury or illness" means a 538
life-threatening injury or illness of an employee or a member of 539
an employee's immediate family which totally incapacitates the 540
employee from work, as verified by a licensed physician, and 541
forces the employee to exhaust all leave time earned by that 542
employee, resulting in the loss of compensation from the state for 543
the employee. Conditions that are short-term in nature, 544
including, but not limited to, common illnesses such as influenza 545
and the measles, and common injuries, are not catastrophic. 546
Chronic illnesses or injuries, such as cancer or major surgery, 547
which result in intermittent absences from work and which are 548
long-term in nature and require long recuperation periods may be 549
considered catastrophic. 550
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(c) "Employee" means a person appointed to a position 551
in the state service or nonstate service as defined in Section 552
25-9-107, for which he is compensated on a full-time permanent or 553
provisional basis, a temporary basis, or a part-time basis. 554
However, in order for an employee to be eligible to receive 555
donated leave, the employee must meet the requirements provided in 556
Section 25-3-95(8). 557
(d) "Workday" shall mean a day as defined in Section 558
25-1-98. 559
(e) "Temporary employment" means the employment of a 560
person in a temporary or time-limited position not to exceed 561
twelve (12) months. 562
(f) "Part-time employment" means the employment of a 563
person in a part-time position. 564
SECTION 23. Section 25-3-92, Mississippi Code of 1972, is 565
brought forward as follows: 566
25-3-92. (1) When, in the opinion of the appointing 567
authority, it is essential that a state employee work after normal 568
working hours, the employee may receive credit for compensatory 569
leave. Except as otherwise provided in Section 37-13-89, when, in 570
the opinion of the appointing authority, it is essential that a 571
state employee work during an official state holiday, the employee 572
shall receive credit for compensatory leave. 573
(2) State employees may be granted administrative leave with 574
pay. For the purposes of this section, "administrative leave" 575
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means discretionary leave with pay, other than personal leave or 576
major medical leave. 577
(a) The appointing authority may grant administrative 578
leave to any employee serving as a witness or juror or party 579
litigant, as verified by the clerk of the court, in addition to 580
any fees paid for such services, and such services or necessary 581
appearance in any court shall not be counted as personal leave. 582
(b) The Governor or the appointing authority may grant 583
administrative leave with pay to state employees on a local or 584
statewide basis in the event of extreme weather conditions or in 585
the event of a man-made, technological or natural disaster or 586
emergency. Any employee on a previously approved leave during the 587
affected period shall be eligible for such administrative leave 588
granted by the Governor or appointing authority, and shall not be 589
charged for his previously approved leave during the affected 590
period. 591
(c) The appointing authority may grant administrative 592
leave with pay to any employee who is a certified disaster service 593
volunteer of the American Red Cross who participates in 594
specialized disaster relief services for the American Red Cross in 595
this state and in states contiguous to this state when the 596
American Red Cross requests the employee's participation. 597
Administrative leave granted under this paragraph shall not exceed 598
twenty (20) days in any twelve-month period. An employee on leave 599
under this paragraph shall not be deemed to be an employee of the 600
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state for purposes of workers' compensation or for purposes of 601
claims against the state allowed under Chapter 46, Title 11, 602
Mississippi Code of 1972. As used in this paragraph, the term 603
"disaster" includes disasters designated at Level II and above in 604
American Red Cross national regulations and procedures. 605
SECTION 24. Section 25-3-93, Mississippi Code of 1972, is 606
brought forward as follows: 607
25-3-93. (1) (a) Except as provided in subsection (1)(b), 608
all employees and appointed officers of the State of Mississippi, 609
who are employees as defined in Section 25-3-91, shall be allowed 610
credit for personal leave computed as follows: 611
Continuous Accrual Rate Accrual Rate 612
Service (Monthly) (Annually) 613
1 month to 3 years 12 hours per month 18 days per year 614
37 months to 8 years 14 hours per month 21 days per year 615
97 months to 15 years 16 hours per month 24 days per year 616
Over 15 years 18 hours per month 27 days per year 617
However, employees who were hired prior to July 1, 1984, who 618
have continuous service of more than five (5) years but not more 619
than eight (8) years shall accrue fifteen (15) hours of personal 620
leave each month. 621
(b) Temporary employees who work less than a full 622
workweek and part-time employees shall be allowed credit for 623
personal leave computed on a pro rata basis. Faculty members 624
employed by the eight (8) public universities on a nine-month 625
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contract, and employees of the public universities who do not 626
contribute to the Mississippi Public Employees' Retirement System 627
or the State Institutions of Higher Learning Optional Retirement 628
Program, shall not be eligible for personal leave. 629
(2) For the purpose of computing credit for personal leave, 630
each appointed officer or employee shall be considered to work not 631
more than five (5) days each week. Leaves of absence granted by 632
the appointing authority for one (1) year or less shall be 633
permitted without forfeiting previously accumulated continuous 634
service. The provisions of this section shall not apply to 635
military leaves of absence. The time for taking personal leave, 636
except when such leave is taken due to an illness, shall be 637
determined by the appointing authority of which such employees are 638
employed. 639
(3) For the purpose of Sections 25-3-91 through 25-3-99, the 640
earned personal leave of each employee shall be credited monthly 641
after the completion of each calendar month of service, and the 642
appointing authority shall not increase the amount of personal 643
leave to an employee's credit. It shall be unlawful for an 644
appointing authority to grant personal leave in an amount greater 645
than was earned and accumulated by the officer or employee. 646
(4) Employees are encouraged to use earned personal leave. 647
Personal leave may be used for vacations and personal business as 648
scheduled by the appointing authority and shall be used for 649
illnesses of the employee requiring absences of one (1) day or 650
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less. Accrued personal or compensatory leave shall be used for 651
the first day of an employee's illness requiring his absence of 652
more than one (1) day. Accrued personal or compensatory leave may 653
also be used for an illness in the employee's immediate family as 654
defined in Section 25-3-95. There shall be no limit to the 655
accumulation of personal leave. Upon termination of employment 656
each employee shall be paid for not more than thirty (30) days of 657
accumulated personal leave. Unused personal leave in excess of 658
thirty (30) days shall be counted as creditable service for the 659
purposes of the retirement system as provided in Sections 660
25-11-103 and 25-13-5. 661
(5) Any state law enforcement officer who is injured by 662
wound or accident in the line of duty shall not be required to use 663
earned personal leave during the period of recovery from such 664
injury. As used in this subsection, the term "state law 665
enforcement officer" means a person employed by a state agency 666
who, as a condition of his or her employment, is required by law 667
to complete a course of study at the Law Enforcement Officers 668
Training Academy. 669
(6) Any employee may donate a portion of his or her earned 670
personal leave to another employee who is suffering from a 671
catastrophic injury or illness, or to another employee who has a 672
member of his or her immediate family who is suffering from a 673
catastrophic injury or illness, in accordance with subsection (8) 674
of Section 25-3-95. 675
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(7) The provisions of this section shall be subject to the 676
provisions of Section 25-3-105. If there is any conflict between 677
any of the provisions of this section and any of the provisions of 678
Section 25-3-105, the provisions of Section 25-3-105 shall 679
control. 680
SECTION 25. Section 25-3-95, Mississippi Code of 1972, is 681
brought forward as follows: 682
25-3-95. (1) All employees and appointed officers of the 683
State of Mississippi, except employees of the public universities 684
who do not contribute to the Mississippi Public Employees' 685
Retirement System or the State Institutions of Higher Learning 686
Optional Retirement Program, shall accrue credits for major 687
medical leave as follows: 688
Continuous Accrual Rate Accrual Rate 689
Service (Monthly) (Annually) 690
1 month to 3 years 8 hours per month 12 days per year 691
37 months to 8 years 7 hours per month 10.5 days per year 692
97 months to 15 years 6 hours per month 9 days per year 693
Over 15 years 5 hours per month 7.5 days per year 694
Faculty members employed by the eight (8) public universities 695
on a nine-month contract shall accrue credit for major medical 696
leave as follows: 697
Continuous Accrual Rate Accrual Rate 698
Service (Per Month) (Per Academic Year) 699
1 month to 3 years 13-1/3 hours per month 15 days per 700
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academic year 701
37 months to 8 years 14-1/5 hours per month 16 days per 702
academic year 703
97 months to 15 years 15-2/5 hours per month 17 days per 704
academic year 705
Over 15 years 16 hours per month 18 days per 706
academic year 707
Part-time employees shall accrue major medical leave on a pro 708
rata basis. There shall be no maximum limit to major medical 709
leave accumulation. All unused major medical leave shall be 710
counted as creditable service for the purposes of the retirement 711
system as provided in Sections 25-11-103 and 25-13-5. 712
(2) (a) Major medical leave may be used for the illness or 713
injury of an employee or member of the employee's immediate family 714
as defined in subsection (3) of this section, only after the 715
employee has used one (1) day of accrued personal or compensatory 716
leave for each absence due to illness, or leave without pay if the 717
employee has no accrued personal or compensatory leave; provided 718
that faculty members employed by the eight (8) public universities 719
on a nine-month basis may use major medical leave for the first 720
day of absence due to illness. However, major medical leave may 721
be used, without prior use of personal leave, to cover regularly 722
scheduled visits to a doctor's office or a hospital for the 723
continuing treatment of a chronic disease, as certified in advance 724
by a physician. For the purposes of this section, "physician" 725
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means a doctor of medicine, osteopathy, dental medicine, podiatry 726
or chiropractic. For each absence due to illness of thirty-two 727
(32) consecutive working hours (combined personal leave and major 728
medical leave), major medical leave shall be authorized only when 729
certified by their attending physician. 730
(b) When an employee's absence is due to a work-related 731
injury for which the employee is receiving temporary disability 732
benefits under Section 71-3-17(b) or 71-3-21, the injured employee 733
shall not use accrued personal and/or medical leave and receive 734
workers' compensation benefits simultaneously if the combined 735
receipt of both benefits results in the employee being paid, while 736
absent due to the work-related injury, a total amount that exceeds 737
one hundred percent (100%) of his wages earned in state employment 738
at the time of injury. In such cases, the injured employee may 739
use only as much of his accrued personal and/or medical leave as 740
necessary, which may be fewer than eight (8) hours of accrued 741
personal and/or major medical leave in a day, to constitute the 742
difference between the amount of temporary disability workers' 743
compensation benefits received and one hundred percent (100%) of 744
his wages earned at the time of injury in state employment. It is 745
the intent of the Legislature that no state employee who is absent 746
and disabled from work due to a work-related injury shall receive 747
more than one hundred percent (100%) of his wages earned in state 748
employment at the time of injury through the use of accrued 749
personal and/or medical leave combined with temporary disability 750
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benefits under the Workers' Compensation Law. The procedure for 751
implementing this paragraph (b) shall be as directed by the 752
applicable appointing authority. The receipt or payment of 753
benefits in compliance with this paragraph (b) shall be considered 754
the employee's exclusive remedy against the employer in accordance 755
with Section 71-3-9. 756
(3) An employee may use up to three (3) days of earned major 757
medical leave for each occurrence of death in the immediate family 758
requiring the employee's absence from work. No qualifying time or 759
use of personal leave will be required prior to use of major 760
medical leave for this purpose. For the purpose of this 761
subsection (3), the immediate family is defined as spouse, parent, 762
stepparent, sibling, child, stepchild, grandchild, grandparent, 763
son- or daughter-in-law, mother- or father-in-law or brother- or 764
sister-in-law. Child means a biological, adopted or foster child, 765
or a child for whom the individual stands or stood in loco 766
parentis. 767
(4) Employees and appointed officers of the State of 768
Mississippi having unused, accumulated sick leave or annual leave 769
earned prior to July 1, 1984, shall be credited with major medical 770
leave and personal leave as follows: All unused annual leave 771
shall be credited as personal leave. 772
Unused sick leave shall be divided between major medical 773
leave and personal leave at rates determined by the employee's 774
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sick leave balance on June 30, 1984. The rates of conversion 775
shall be as follows: 776
Sick Leave Percentage Percentage 777
Balance as of Converted to Converted to 778
June 30, 1984 Personal Leave Major Medical Leave 779
1 - 200 hours 20% 80% 780
201 - 400 hours 25% 75% 781
401 - 600 hours 30% 70% 782
601 or more hours 35% 65% 783
(5) Upon retirement from active employment, each faculty 784
member of the state-supported public universities who is employed 785
on a nine-month basis shall receive credit and be paid for not 786
more than thirty (30) days of unused major medical leave for 787
service as a state employee. Unused major medical leave in excess 788
of thirty (30) days shall be counted as creditable service for the 789
purposes of the retirement system as provided in Sections 790
25-11-103 and 25-13-5. 791
(6) Any state law enforcement officer who is injured by 792
wound or accident in the line of duty shall not be required to use 793
earned major medical leave during the period of recovery from such 794
injury. As used in this subsection, the term "state law 795
enforcement officer" means a person employed by a state agency 796
who, as a condition of his or her employment, is required by law 797
to complete a course of study at the Law Enforcement Officers 798
Training Academy. 799
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(7) For the purpose of Sections 25-3-91 through 25-3-99, the 800
earned major medical leave of each employee shall be credited 801
monthly after the completion of each calendar month, and the 802
appointing authority shall not increase the amount of major 803
medical leave to an employee's credit. It shall be unlawful for 804
an appointing authority to grant major medical leave in an amount 805
greater than was earned and accumulated by the officer or 806
employee. 807
(8) Any employee may donate a portion of his or her earned 808
personal leave or major medical leave to another employee who is 809
suffering from a catastrophic injury or illness, as defined in 810
Section 25-3-91, or to another employee who has a member of his or 811
her immediate family who is suffering from a catastrophic injury 812
or illness, in accordance with the following: 813
(a) The employee donating the leave (the "donor 814
employee") shall designate the employee who is to receive the 815
leave (the "recipient employee") and the amount of earned personal 816
leave and major medical leave that is to be donated, and shall 817
notify the donor employee's appointing authority or supervisor of 818
his or her designation. The donor employee's appointing authority 819
or supervisor then shall notify the recipient employee's 820
appointing authority or supervisor of the amount of leave that has 821
been donated by the donor employee to the recipient employee. 822
(b) The maximum amount of earned personal leave that an 823
employee may donate to any other employee may not exceed a number 824
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of days that would leave the donor employee with fewer than seven 825
(7) days of personal leave left, and the maximum amount of earned 826
major medical leave that an employee may donate to any other 827
employee may not exceed fifty percent (50%) of the earned major 828
medical leave of the donor employee. All donated leave shall be 829
in increments of not less than twenty-four (24) hours. 830
(c) An employee must have exhausted all of his or her 831
earned personal leave and major medical leave before he or she 832
will be eligible to receive any leave donated by another employee. 833
(d) Before an employee may receive donated leave, he or 834
she must provide his or her appointing authority or supervisor 835
with a physician's statement that states the beginning date of the 836
catastrophic injury or illness, a description of the injury or 837
illness, and a prognosis for recovery and the anticipated date 838
that the recipient employee will be able to return to work. 839
(e) If an employee is aggrieved by the decision of his 840
or her appointing authority that the employee is not eligible to 841
receive donated leave because the injury or illness of the 842
employee or member of the employee's immediate family is not, in 843
the appointing authority's determination, a catastrophic injury or 844
illness, the employee may appeal the decision to the employee 845
appeals board. 846
(f) Beginning on March 25, 2003, the maximum period of 847
time that an employee may use donated leave without resuming work 848
at his or her place of employment is ninety (90) days, which 849
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commences on the first day that the recipient employee uses 850
donated leave. Donated leave that is not used because a recipient 851
employee has used the maximum amount of donated leave authorized 852
under this paragraph shall be returned to the donor employees in 853
the manner provided under paragraph (g) of this subsection. 854
(g) If the total amount of leave that is donated to any 855
employee is not used by the recipient employee, the donated leave 856
shall be returned to the donor employees on a pro rata basis, 857
based on the ratio of the number of days of leave donated by each 858
donor employee to the total number of days of leave donated by all 859
donor employees. 860
(h) The failure of any appointing authority or 861
supervisor of any employee to properly deduct an employee's 862
donation of leave to another employee from the donor employee's 863
earned personal leave or major medical leave shall constitute just 864
cause for the dismissal of the appointing authority or supervisor. 865
(i) No person through the use of coercion, threats or 866
intimidation shall require or attempt to require any employee to 867
donate his or her leave to another employee. Any person who 868
alleges a violation of this paragraph shall report the violation 869
to the executive head of the agency by whom he or she is employed 870
or, if the alleged violator is the executive head of the agency, 871
then the employee shall report the violation to the State 872
Personnel Board. Any person found to have violated this paragraph 873
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shall be subject to removal from office or termination of 874
employment. 875
(j) No employee can donate leave after tendering notice 876
of separation for any reason or after termination. 877
(k) Recipient employees of agencies with more than five 878
hundred (500) employees as of March 25, 2003, may receive donated 879
leave only from donor employees within the same agency. A 880
recipient employee in an agency with five hundred (500) or fewer 881
employees as of March 25, 2003, may receive donated leave from any 882
donor employee. 883
(l) In order for an employee to be eligible to receive 884
donated leave, the employee must: 885
(i) Have been employed for a total of at least 886
twelve (12) months by the employer on the date on which the leave 887
is donated; and 888
(ii) Have been employed for at least one thousand 889
two hundred fifty (1,250) hours of service with such employer 890
during the previous twelve-month period from the date on which the 891
leave is donated. 892
(m) Donated leave shall not be used in lieu of 893
disability retirement. 894
(n) For the purposes of this subsection, "immediate 895
family" means spouse, parent, stepparent, sibling, child or 896
stepchild. 897
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ST: Mississippi Paid Family and Medical Leave
Act; establish.
(9) An employee may use up to six (6) weeks of earned major 898
medical leave for the birth of the employee's biological child or 899
for the placement with the employee of a child for adoption or 900
foster care and to care for the newly placed child within one (1) 901
year of placement, after using the paid parental leave authorized 902
under Section 25-3-105 for the birth or adoption of the child. 903
(10) The provisions of this section shall be subject to the 904
provisions of Section 25-3-105. If there is any conflict between 905
any of the provisions of this section and any of the provisions of 906
Section 25-3-105, the provisions of Section 25-3-105 shall 907
control. 908
SECTION 26. This act shall take effect and be in force from 909
and after January 1, 2026. 910