State employees; remove requirement to use one day of personal leave before using major medical leave.

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

By: Representative Hines

HOUSE BILL NO. 138

AN ACT TO AMEND SECTIONS 25-3-93 AND 25-3-95, MISSISSIPPI 1
CODE OF 1972, TO REMOVE THE REQUIREMENT THAT A STATE EMPLOYEE MUST 2
USE ONE DAY OF ACCRUED PERSONAL OR COMPENSATORY LEAVE, OR LEAVE 3
WITHOUT PAY IF THE EMPLOYEE HAS NO ACCRUED PERSONAL OR 4
COMPENSATORY LEAVE, BEFORE THE EMPLOYEE MAY USE MAJOR MEDICAL 5
LEAVE; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 25-3-93, Mississippi Code of 1972, is 8
amended as follows: 9
25-3-93. (1) (a) Except as provided in subsection (1)(b), 10
all employees and appointed officers of the State of Mississippi, 11
who are employees as defined in Section 25-3-91, shall be allowed 12
credit for personal leave computed as follows: 13
Continuous Accrual Rate Accrual Rate 14
Service (Monthly) (Annually) 15
1 month to 3 years 12 hours per month 18 days per year 16
37 months to 8 years 14 hours per month 21 days per year 17
97 months to 15 years 16 hours per month 24 days per year 18
Over 15 years 18 hours per month 27 days per year 19
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However, employees who were hired prior to July 1, 1984, who 20
have continuous service of more than five (5) years but not more 21
than eight (8) years shall accrue fifteen (15) hours of personal 22
leave each month. 23
(b) Temporary employees who work less than a full 24
workweek and part-time employees shall be allowed credit for 25
personal leave computed on a pro rata basis. Faculty members 26
employed by the eight (8) public universities on a nine-month 27
contract, and employees of the public universities who do not 28
contribute to the Mississippi Public Employees' Retirement System 29
or the State Institutions of Higher Learning Optional Retirement 30
Program, shall not be eligible for personal leave. 31
(2) For the purpose of computing credit for personal leave, 32
each appointed officer or employee shall be considered to work not 33
more than five (5) days each week. Leaves of absence granted by 34
the appointing authority for one (1) year or less shall be 35
permitted without forfeiting previously accumulated continuous 36
service. The provisions of this section shall not apply to 37
military leaves of absence. The time for taking personal leave, 38
except when such leave is taken due to an illness, shall be 39
determined by the appointing authority of which such employees are 40
employed. 41
(3) For the purpose of Sections 25-3-91 through 25-3-99, the 42
earned personal leave of each employee shall be credited monthly 43
after the completion of each calendar month of service, and the 44
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appointing authority shall not increase the amount of personal 45
leave to an employee's credit. It shall be unlawful for an 46
appointing authority to grant personal leave in an amount greater 47
than was earned and accumulated by the officer or employee. 48
(4) Employees are encouraged to use earned personal leave. 49
Personal leave may be used for vacations and personal business as 50
scheduled by the appointing authority * * *. Accrued personal or 51
compensatory leave may also be used for an illness * * * of the 52
employee or a member of the employee's immediate family as defined 53
in Section 25-3-95. There shall be no limit to the accumulation 54
of personal leave. Upon termination of employment each employee 55
shall be paid for not more than thirty (30) days of accumulated 56
personal leave. Unused personal leave in excess of thirty (30) 57
days shall be counted as creditable service for the purposes of 58
the retirement system as provided in Sections 25-11-103 and 59
25-13-5. 60
(5) Any state law enforcement officer who is injured by 61
wound or accident in the line of duty shall not be required to use 62
earned personal leave during the period of recovery from such 63
injury. As used in this subsection, the term "state law 64
enforcement officer" means a person employed by a state agency 65
who, as a condition of his or her employment, is required by law 66
to complete a course of study at the Law Enforcement Officers 67
Training Academy. 68
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(6) Any employee may donate a portion of his or her earned 69
personal leave to another employee who is suffering from a 70
catastrophic injury or illness, or to another employee who has a 71
member of his or her immediate family who is suffering from a 72
catastrophic injury or illness, in accordance with subsection (8) 73
of Section 25-3-95. 74
(7) The provisions of this section shall be subject to the 75
provisions of Section 25-3-105. If there is any conflict between 76
any of the provisions of this section and any of the provisions of 77
Section 25-3-105, the provisions of Section 25-3-105 shall 78
control. 79
SECTION 2. Section 25-3-95, Mississippi Code of 1972, is 80
amended as follows: 81
25-3-95. (1) All employees and appointed officers of the 82
State of Mississippi, except employees of the public universities 83
who do not contribute to the Mississippi Public Employees' 84
Retirement System or the State Institutions of Higher Learning 85
Optional Retirement Program, shall accrue credits for major 86
medical leave as follows: 87
Continuous Accrual Rate Accrual Rate 88
Service (Monthly) (Annually) 89
1 month to 3 years 8 hours per month 12 days per year 90
37 months to 8 years 7 hours per month 10.5 days per year 91
97 months to 15 years 6 hours per month 9 days per year 92
Over 15 years 5 hours per month 7.5 days per year 93
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Faculty members employed by the eight (8) public universities 94
on a nine-month contract shall accrue credit for major medical 95
leave as follows: 96
Continuous Accrual Rate Accrual Rate 97
Service (Per Month) (Per Academic Year) 98
1 month to 3 years 13-1/3 hours per month 15 days per 99
academic year 100
37 months to 8 years 14-1/5 hours per month 16 days per 101
academic year 102
97 months to 15 years 15-2/5 hours per month 17 days per 103
academic year 104
Over 15 years 16 hours per month 18 days per 105
academic year 106
Part-time employees shall accrue major medical leave on a pro 107
rata basis. There shall be no maximum limit to major medical 108
leave accumulation. All unused major medical leave shall be 109
counted as creditable service for the purposes of the retirement 110
system as provided in Sections 25-11-103 and 25-13-5. 111
(2) (a) Major medical leave may be used for the illness or 112
injury of an employee or member of the employee's immediate family 113
as defined in subsection (3) of this section * * *. * * * Major 114
medical leave may be used * * * to cover regularly scheduled 115
visits to a doctor's office or a hospital for the continuing 116
treatment of a chronic disease, as certified in advance by a 117
physician. For the purposes of this section, "physician" means a 118
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doctor of medicine, osteopathy, dental medicine, podiatry or 119
chiropractic. For each absence due to illness of thirty-two (32) 120
consecutive working hours * * *, major medical leave shall be 121
authorized only when certified by their attending physician. 122
(b) When an employee's absence is due to a work-related 123
injury for which the employee is receiving temporary disability 124
benefits under Section 71-3-17(b) or 71-3-21, the injured employee 125
shall not use accrued personal and/or medical leave and receive 126
workers' compensation benefits simultaneously if the combined 127
receipt of both benefits results in the employee being paid, while 128
absent due to the work-related injury, a total amount that exceeds 129
one hundred percent (100%) of his wages earned in state employment 130
at the time of injury. In such cases, the injured employee may 131
use only as much of his accrued personal and/or medical leave as 132
necessary, which may be fewer than eight (8) hours of accrued 133
personal and/or major medical leave in a day, to constitute the 134
difference between the amount of temporary disability workers' 135
compensation benefits received and one hundred percent (100%) of 136
his wages earned at the time of injury in state employment. It is 137
the intent of the Legislature that no state employee who is absent 138
and disabled from work due to a work-related injury shall receive 139
more than one hundred percent (100%) of his wages earned in state 140
employment at the time of injury through the use of accrued 141
personal and/or medical leave combined with temporary disability 142
benefits under the Workers' Compensation Law. The procedure for 143
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implementing this paragraph (b) shall be as directed by the 144
applicable appointing authority. The receipt or payment of 145
benefits in compliance with this paragraph (b) shall be considered 146
the employee's exclusive remedy against the employer in accordance 147
with Section 71-3-9. 148
(3) An employee may use up to three (3) days of earned major 149
medical leave for each occurrence of death in the immediate family 150
requiring the employee's absence from work. No qualifying time 151
* * * will be required prior to use of major medical leave for 152
this purpose. For the purpose of this subsection (3), the 153
immediate family is defined as spouse, parent, stepparent, 154
sibling, child, stepchild, grandchild, grandparent, son- or 155
daughter-in-law, mother- or father-in-law or brother- or 156
sister-in-law. Child means a biological, adopted or foster child, 157
or a child for whom the individual stands or stood in loco 158
parentis. 159
(4) Employees and appointed officers of the State of 160
Mississippi having unused, accumulated sick leave or annual leave 161
earned prior to July 1, 1984, shall be credited with major medical 162
leave and personal leave as follows: All unused annual leave 163
shall be credited as personal leave. 164
Unused sick leave shall be divided between major medical 165
leave and personal leave at rates determined by the employee's 166
sick leave balance on June 30, 1984. The rates of conversion 167
shall be as follows: 168
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Sick Leave Percentage Percentage 169
Balance as of Converted to Converted to 170
June 30, 1984 Personal Leave Major Medical Leave 171
1 - 200 hours 20% 80% 172
201 - 400 hours 25% 75% 173
401 - 600 hours 30% 70% 174
601 or more hours 35% 65% 175
(5) Upon retirement from active employment, each faculty 176
member of the state-supported public universities who is employed 177
on a nine-month basis shall receive credit and be paid for not 178
more than thirty (30) days of unused major medical leave for 179
service as a state employee. Unused major medical leave in excess 180
of thirty (30) days shall be counted as creditable service for the 181
purposes of the retirement system as provided in Sections 182
25-11-103 and 25-13-5. 183
(6) Any state law enforcement officer who is injured by 184
wound or accident in the line of duty shall not be required to use 185
earned major medical leave during the period of recovery from such 186
injury. As used in this subsection, the term "state law 187
enforcement officer" means a person employed by a state agency 188
who, as a condition of his or her employment, is required by law 189
to complete a course of study at the Law Enforcement Officers 190
Training Academy. 191
(7) For the purpose of Sections 25-3-91 through 25-3-99, the 192
earned major medical leave of each employee shall be credited 193
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monthly after the completion of each calendar month, and the 194
appointing authority shall not increase the amount of major 195
medical leave to an employee's credit. It shall be unlawful for 196
an appointing authority to grant major medical leave in an amount 197
greater than was earned and accumulated by the officer or 198
employee. 199
(8) Any employee may donate a portion of his or her earned 200
personal leave or major medical leave to another employee who is 201
suffering from a catastrophic injury or illness, as defined in 202
Section 25-3-91, or to another employee who has a member of his or 203
her immediate family who is suffering from a catastrophic injury 204
or illness, in accordance with the following: 205
(a) The employee donating the leave (the "donor 206
employee") shall designate the employee who is to receive the 207
leave (the "recipient employee") and the amount of earned personal 208
leave and major medical leave that is to be donated, and shall 209
notify the donor employee's appointing authority or supervisor of 210
his or her designation. The donor employee's appointing authority 211
or supervisor then shall notify the recipient employee's 212
appointing authority or supervisor of the amount of leave that has 213
been donated by the donor employee to the recipient employee. 214
(b) The maximum amount of earned personal leave that an 215
employee may donate to any other employee may not exceed a number 216
of days that would leave the donor employee with fewer than seven 217
(7) days of personal leave left, and the maximum amount of earned 218
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major medical leave that an employee may donate to any other 219
employee may not exceed fifty percent (50%) of the earned major 220
medical leave of the donor employee. All donated leave shall be 221
in increments of not less than twenty-four (24) hours. 222
(c) An employee must have exhausted all of his or her 223
earned personal leave and major medical leave before he or she 224
will be eligible to receive any leave donated by another employee. 225
(d) Before an employee may receive donated leave, he or 226
she must provide his or her appointing authority or supervisor 227
with a physician's statement that states the beginning date of the 228
catastrophic injury or illness, a description of the injury or 229
illness, and a prognosis for recovery and the anticipated date 230
that the recipient employee will be able to return to work. 231
(e) If an employee is aggrieved by the decision of his 232
or her appointing authority that the employee is not eligible to 233
receive donated leave because the injury or illness of the 234
employee or member of the employee's immediate family is not, in 235
the appointing authority's determination, a catastrophic injury or 236
illness, the employee may appeal the decision to the employee 237
appeals board. 238
(f) Beginning on March 25, 2003, the maximum period of 239
time that an employee may use donated leave without resuming work 240
at his or her place of employment is ninety (90) days, which 241
commences on the first day that the recipient employee uses 242
donated leave. Donated leave that is not used because a recipient 243
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employee has used the maximum amount of donated leave authorized 244
under this paragraph shall be returned to the donor employees in 245
the manner provided under paragraph (g) of this subsection. 246
(g) If the total amount of leave that is donated to any 247
employee is not used by the recipient employee, the donated leave 248
shall be returned to the donor employees on a pro rata basis, 249
based on the ratio of the number of days of leave donated by each 250
donor employee to the total number of days of leave donated by all 251
donor employees. 252
(h) The failure of any appointing authority or 253
supervisor of any employee to properly deduct an employee's 254
donation of leave to another employee from the donor employee's 255
earned personal leave or major medical leave shall constitute just 256
cause for the dismissal of the appointing authority or supervisor. 257
(i) No person through the use of coercion, threats or 258
intimidation shall require or attempt to require any employee to 259
donate his or her leave to another employee. Any person who 260
alleges a violation of this paragraph shall report the violation 261
to the executive head of the agency by whom he or she is employed 262
or, if the alleged violator is the executive head of the agency, 263
then the employee shall report the violation to the State 264
Personnel Board. Any person found to have violated this paragraph 265
shall be subject to removal from office or termination of 266
employment. 267
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(j) No employee can donate leave after tendering notice 268
of separation for any reason or after termination. 269
(k) Recipient employees of agencies with more than five 270
hundred (500) employees as of March 25, 2003, may receive donated 271
leave only from donor employees within the same agency. A 272
recipient employee in an agency with five hundred (500) or fewer 273
employees as of March 25, 2003, may receive donated leave from any 274
donor employee. 275
(l) In order for an employee to be eligible to receive 276
donated leave, the employee must: 277
(i) Have been employed for a total of at least 278
twelve (12) months by the employer on the date on which the leave 279
is donated; and 280
(ii) Have been employed for at least one thousand 281
two hundred fifty (1,250) hours of service with such employer 282
during the previous twelve-month period from the date on which the 283
leave is donated. 284
(m) Donated leave shall not be used in lieu of 285
disability retirement. 286
(n) For the purposes of this subsection, "immediate 287
family" means spouse, parent, stepparent, sibling, child or 288
stepchild. 289
(9) An employee may use up to six (6) weeks of earned major 290
medical leave for the birth of the employee's biological child or 291
for the placement with the employee of a child for adoption or 292
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ST: State employees; remove requirement to use
one day of personal leave before using major
medical leave.
foster care and to care for the newly placed child within one (1) 293
year of placement, after using the paid parental leave authorized 294
under Section 25-3-105 for the birth or adoption of the child. 295
(10) The provisions of this section shall be subject to the 296
provisions of Section 25-3-105. If there is any conflict between 297
any of the provisions of this section and any of the provisions of 298
Section 25-3-105, the provisions of Section 25-3-105 shall 299
control. 300
SECTION 3. This act shall take effect and be in force from 301
and after July 1, 2026. 302