Mississippi Sick and Safe Leave Act; enact.

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To: Economic and Workforce
Development
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Turner-Ford

SENATE BILL NO. 2423

AN ACT TO ESTABLISH THE MISSISSIPPI SICK AND SAFE LEAVE ACT 1
TO BE ADMINISTERED BY THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT 2
SECURITY; TO PROVIDE APPLICABLE DEFINITIONS; TO PROVIDE GUIDELINES 3
FOR ACCRUAL OF EARNED PAID SICK LEAVE; TO ESTABLISH PROPER USES OF 4
EARNED PAID SICK LEAVE; TO PROHIBIT EMPLOYERS FROM VIOLATING 5
EMPLOYEE RIGHTS ESTABLISHED IN THIS ACT; TO REQUIRE EMPLOYERS TO 6
NOTIFY EMPLOYEES OF CERTAIN ASPECTS OF PAID SICK AND SAFE LEAVE 7
UPON THE COMMENCEMENT OF EMPLOYMENT; TO REQUIRE EMPLOYERS TO 8
RETAIN RECORDS OF COMPLIANCE WITH THIS ACT; TO ENABLE THE 9
DEPARTMENT OF EMPLOYMENT SECURITY TO REGULATE AND ENFORCE THIS 10
ACT; TO REQUIRE EMPLOYERS TO COMPLY WITH CERTAIN CONFIDENTIALITY 11
AND NONDISCLOSURE STANDARDS; TO ENCOURAGE AND ALLOW MORE GENEROUS 12
EARNED PAID SICK LEAVE POLICIES; TO PROVIDE A LEGAL BASELINE FOR 13
PAID SICK LEAVE; AND FOR RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. Sections 1 through 14 of this act shall be known 16
and cited as the "Mississippi Sick and Safe Leave Act." 17
SECTION 2. Definitions. For purposes of this act: 18
(a) "Department" means the Mississippi Department of 19
Employment Security. 20
(b) "Domestic violence" is as defined in Section 21
97-3-7. 22
(c) "Earned paid sick time" means time that is 23
compensated at the same hourly rate and with the same benefits, 24
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including health care benefits, as the employee normally earns 25
during hours worked and is provided by an employer to an employee 26
for the purposes described in Section 13 of this act, but in no 27
case shall this hourly amount be less than that provided under 29 28
USC Section 206(a)(1). 29
(d) "Employee" is as defined in the Fair Labor 30
Standards Act 29 USC Section 203(e). "Employee" does not include 31
an "employee" as defined by 45 USC 351(d) who is subject to the 32
Federal Railroad Unemployment Insurance Act, 45 USC 351 et seq. 33
(e) "Employer" is as defined in the Fair Labor 34
Standards Act 29 USC Section 203(d). For the purposes of this 35
act, "employer" does not include the United States government. 36
(f) "Family member" means: 37
(i) Regardless of age, a biological, adopted or 38
foster child, stepchild or legal ward, a child of a domestic 39
partner, a child to whom the employee stands in loco parentis, or 40
an individual to whom the employee stood in loco parentis when the 41
individual was a minor; 42
(ii) A biological, foster, stepparent or adoptive 43
parent or legal guardian of an employee or an employee's spouse or 44
domestic partner or a person who stood in loco parentis when the 45
employee or employee's spouse or domestic partner was a minor 46
child; 47
(iii) A person to whom the employee is legally 48
married under the laws of any state, or a domestic partner of an 49
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employee as registered under the laws of any state or political 50
subdivision; 51
(iv) A grandparent, grandchild or sibling (whether 52
of a biological, foster, adoptive or step relationship) of the 53
employee or the employee's spouse or domestic partner; or 54
(v) A person for whom the employee is 55
responsible for providing or arranging health or safety-related 56
care, including, but not limited to, helping that individual 57
obtain diagnostic, preventive, routine or therapeutic health 58
treatment or ensuring the person is safe following domestic 59
violence, sexual assault or stalking. 60
(g) "Health care professional" means any person 61
licensed under federal or state law to provide medical or 62
emergency services, including, but not limited to, doctors, 63
nurses and emergency room personnel. 64
(h) "Retaliatory personnel action" means denial of 65
any right guaranteed under this act and any threat, discharge, 66
suspension, demotion, reduction of hours, reporting or 67
threatening to report an employee's suspected citizenship or 68
immigration status, or the suspected citizenship or immigration 69
status of a family member of the employee to a federal, state 70
or local agency, or any other adverse action against an 71
employee for the exercise of any right guaranteed herein, 72
including any sanctions against an employee who is the 73
recipient of public benefits for rights guaranteed under this 74
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act. Retaliation shall also include interference with or 75
punishment for in any manner participating in or assisting an 76
investigation, proceeding or hearing under this act. 77
(i) "Sexual assault" is as defined in Section 78
97-3-95. 79
(j) "Stalking" is as defined in Section 97-3-107. 80
(k) "Year" means a regular and consecutive 81
twelve-month period as determined by the employer, except that 82
for the purposes of Sections 7 and 9 of this act, "year" shall 83
mean a calendar year. 84
SECTION 3. Accrual of earned paid sick time. (1) All 85
employees shall accrue a minimum of one (1) hour of earned paid 86
sick time for every thirty (30) hours worked. Employees shall 87
not use more than forty (40) hours of earned paid sick time in 88
a year, unless the employer selects a higher limit. 89
(2) Employees who are exempt from overtime requirements 90
under 29 USC Section 213(a)(1) of the Federal Fair Labor 91
Standards Act will be assumed to work forty (40) hours in each 92
work week for purposes of earned paid sick time accrual unless 93
their normal work week is less than forty (40) hours, in which 94
case earned paid sick time accrues based upon that normal work 95
week. 96
(3) Earned paid sick time as provided in this section 97
shall begin to accrue at the commencement of employment or on 98
the date this law goes into effect, whichever is later. An 99
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employer shall be entitled to use paid sick time as it is 100
accrued. An employer may provide all paid sick time that an 101
employee is expected to accrue in a year at the beginning of 102
the year. 103
(4) Earned paid sick time that is unused shall be carried 104
over to the following year, but this act does not require an 105
employer to permit an employee to use more than forty (40) 106
hours of paid sick time per year. Alternatively, in lieu of 107
carryover of unused earned paid sick time from one (1) year to 108
the next, an employer may pay an employee for unused earned 109
paid sick time at the end of a year and provide the employee 110
with an amount of paid sick time that meets or exceeds the 111
requirements of this section that is available for the 112
employee's immediate use at the beginning of the subsequent 113
year. 114
(5) Any employer with a paid leave policy, such as a paid 115
time off policy, who makes available an amount of paid leave 116
sufficient to meet the accrual requirements of this section 117
that may be used for the same purposes and under the same 118
conditions as earned paid sick time under this act is not 119
required to provide additional paid sick time. 120
(6) Nothing in this act shall be construed as requiring 121
financial or other reimbursement to an employee from an 122
employer upon the employee's termination, resignation, 123
retirement or other separation from employment for paid sick 124
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time under this act that has not been used, unless such 125
financial or other reimbursement is required under another law. 126
(7) If an employee is transferred to a separate division, 127
entity or location, but remains employed by the same employer, 128
the employee is entitled to all earned paid sick time accrued 129
at the prior division, entity or location and is entitled to 130
use all earned paid sick time as provided in this section. 131
When there is a separation from employment and the employee is 132
rehired within twelve (12) months of separation by the same 133
employer, previously accrued earned paid sick time that had not 134
been used shall be reinstated. Further, the employee shall be 135
entitled to use accrued earned paid sick time and accrue 136
additional earned paid sick time at the recommencement of 137
employment. 138
(8) When a different employer succeeds or takes the place 139
of an existing employer, all employees of the original employer 140
who remain employed by the successor employer are entitled to 141
all earned paid sick time they accrued or received under this 142
act when employed by the original employer, and are entitled to 143
use earned paid sick time previously accrued or received under 144
this act. 145
(9) At its discretion, an employer may loan earned paid 146
sick time to an employee in advance of accrual by such 147
employee. 148
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SECTION 4. Use of earned paid sick time. (1) Earned paid 149
sick time shall be provided to an employee by an employer for: 150
(a) An employee's mental or physical illness, injury 151
or health condition; an employee's need for medical diagnosis, 152
care, or treatment of a mental or physical illness, injury or 153
health condition; an employee's need for preventive medical 154
care; 155
(b) Care of a family member with a mental or physical 156
illness, injury or health condition; care of a family member 157
who needs medical diagnosis, care, or treatment of a mental or 158
physical illness, injury or health condition; care of a family 159
member who needs preventive medical care; or in the case of an 160
employee's child, to attend a school meeting or a meeting at a 161
place where the child is receiving care necessitated by the 162
child's health condition or disability, domestic violence, 163
sexual assault or stalking; 164
(c) Absence necessary due to domestic violence, 165
sexual assault or stalking, provided the leave is to allow the 166
employee to obtain for the employee or the employee's family 167
member: 168
(i) Medical attention needed to recover from 169
physical or psychological injury or disability caused by 170
domestic violence, sexual assault or stalking; 171
(ii) Services from a victim services 172
organization; 173
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(iii) Psychological or other counseling; 174
(iv) Relocation or taking steps to secure an 175
existing home due to the domestic violence, sexual assault or 176
stalking; or 177
(v) Legal services, including preparing for or 178
participating in any civil or criminal legal proceeding related 179
to or resulting from the domestic violence, sexual assault or 180
stalking. 181
(2) Earned paid sick time shall be provided upon the 182
request of an employee. Such request may be made orally, in 183
writing, by electronic means or by any other means acceptable 184
to the employer. When possible, the request shall include the 185
expected duration of the absence. 186
(3) When the use of earned paid sick time is foreseeable, 187
the employee shall make a good faith effort to provide notice 188
of the need for such time to the employer in advance of the use 189
of the earned paid sick time and shall make a reasonable effort 190
to schedule the use of paid sick time in a manner that does not 191
unduly disrupt the operations of the employer. 192
(4) An employer that requires notice of the need to use 193
earned paid sick time shall provide a written policy that 194
contains reasonable procedures for the employee to provide 195
notice. An employer that has not provided to the employee a 196
copy of its written policy for providing such notice shall not 197
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deny earned paid sick time to the employee based on 198
noncompliance with such a policy. 199
(5) An employer may not require, as a condition of an 200
employee's taking earned paid sick time, that the employee 201
search for or find a replacement worker to cover the hours 202
during which the employee is using earned paid sick time. 203
(6) Earned paid sick time may be used in the smaller of 204
hourly increments or the smallest increment that the employer's 205
payroll system uses to account for absences or use of other 206
time. 207
(7) For earned paid sick time of three (3) or more 208
consecutive work days, an employer may require reasonable 209
documentation that the earned paid sick time has been used for 210
a purpose covered by subsection (1) of this section. 211
(a) Documentation signed by a health care 212
professional indicating that earned paid sick time is or was 213
necessary shall be considered reasonable documentation. 214
However, if the employee or employee's family member did not 215
receive services from a health care professional, or if 216
documentation cannot be obtained from a health care 217
professional in reasonable time or without added expense, the 218
employee can provide a written statement indicating that the 219
employee is taking or took paid sick time for a qualifying 220
purpose covered by subsection (1) of this section. Such 221
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employee writing may be written in the employee's first 222
language and need not be notarized or in any particular format. 223
(b) In cases of domestic violence, sexual assault or 224
stalking, one (1) of the following types of documentation 225
selected by the employee shall be considered reasonable 226
documentation: 227
(i) A police report indicating that the employee 228
or the employee's family member was a victim of domestic 229
violence, sexual assault or stalking; 230
(ii) A written statement from a witness advocate 231
affirming that the employee or employee's family member is or 232
was receiving services from a victim services organization; 233
(iii) A court document indicating that the 234
employee or employee's family member is or was involved in 235
legal action related to domestic violence, sexual assault or 236
stalking; or 237
(iv) A written statement from the employee 238
affirming that the employee or employee's family member is 239
taking or took paid sick time for a qualifying purpose of 240
subsection (1) of this section. A written statement pursuant 241
to this subsection may be written in the employee's first 242
language and need not be notarized or in any particular format. 243
(c) An employer may not require that the 244
documentation explain the nature of the illness, details of the 245
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underlying health needs, or the details of the domestic 246
violence, sexual assault or stalking. 247
SECTION 5. Exercise of rights protected; retaliation 248
prohibited. (1) It shall be unlawful for an employer or any 249
other person to interfere with, restrain or deny the exercise 250
of, or the attempt to exercise, any right protected under this 251
act. An employee need not explicitly refer to this act or the 252
rights enumerated herein to be protected from retaliatory 253
personnel actions. 254
(2) An employer shall not take retaliatory personnel 255
action or discriminate against an employee or former employee 256
because the person has exercised or attempted to exercise 257
rights protected under this act. Such rights include, but are 258
not limited to, the right to request or use paid sick time 259
pursuant to this act; the right to file a complaint with the 260
department or courts or inform any person about any employer's 261
alleged violation of this act; the right to participate in an 262
investigation, hearing or proceeding or cooperate with or 263
assist the department in its investigations of alleged 264
violations of this act; the right to inform any person of his 265
or her potential rights under this act; or the right to 266
disclose or intend to disclose a violation of this act through 267
a good faith written or oral communication to an employer, an 268
employer's agent, other employee, a government agency, an 269
attorney or legal aid organization, a community or labor 270
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organization, or to the public such as through print, online, 271
social or any other media. 272
(3) It shall be unlawful for an employer's absence control 273
policy to count paid sick time taken under this act as an 274
absence that may lead to or result in a retaliatory personnel 275
action or any other adverse action. 276
(4) Protections of this section shall apply to any person 277
who mistakenly, but in good faith, alleges violations of this 278
act. 279
SECTION 6. Notice and posting. (1) Employers shall give 280
employees written notice of the following at the commencement 281
of employment: employees are entitled to earned paid sick time 282
and the amount of earned paid sick time, the terms of its use 283
guaranteed under this act, that retaliatory personnel action 284
against employees who request or use paid sick time is 285
prohibited, that each employee has the right to file a 286
complaint or bring a civil action if earned sick time as 287
required by this act is denied by the employer or the employee 288
is subjected to retaliatory personnel action for requesting or 289
taking paid sick time, and the contact information for the 290
department where questions about rights and responsibilities 291
under this act can be answered. 292
(2) The amount of paid sick time available to the 293
employee, the amount of paid sick time taken by the employee to 294
date in the year, and the amount of pay the employee has 295
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received as paid sick time shall be recorded in, or on an 296
attachment to, the employee's regular paycheck. 297
(3) Employers shall display a poster that contains the 298
information required in subsection (1) of this section in a 299
conspicuous and accessible place in each establishment where 300
such employees are employed; provided, however, that in cases 301
where the employer does not maintain a physical workplace, or 302
an employee teleworks or performs work through a web-based or 303
app-based platform, notification shall be sent via electronic 304
communication or a conspicuous posting in the web-based or 305
app-based platform. 306
(4) The department shall create and make available to 307
employers, in all languages deemed appropriate by the 308
department, model notices and posters that contain the 309
information required under subsection (1) of this section for 310
employers' use in complying with subsections (1) and (3) of 311
this section. 312
(5) An employer that willfully violates the notice and 313
posting requirements of this section shall be subject to a 314
civil fine in an amount not to exceed One Hundred Dollars 315
($100.00) for each separate offense. Each day that a violation 316
occurs or is not corrected shall constitute a separate offense. 317
SECTION 7. Employer records. Employers shall retain 318
records documenting compliance with the applicable requirements 319
of this act, including hours worked by employees and earned 320
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sick time taken by employees, for a period of three (3) years, 321
and shall allow the department access to such records and other 322
information, in accordance with applicable law and with 323
appropriate notice and at a mutually agreeable time, to monitor 324
compliance with the requirements of this act or in furtherance 325
of an investigation conducted pursuant to this act. When an 326
issue arises as to an employee's entitlement to paid sick time 327
under this act, if the employer does not maintain or retain 328
adequate records documenting hours worked by the employee and 329
paid sick time taken by the employee or other information 330
required to be maintained by this act, or does not allow the 331
department reasonable access to such records, it shall be 332
presumed in an administrative or civil action that the employer 333
has violated the act, absent clear and convincing evidence 334
otherwise. 335
SECTION 8. Regulations. The department shall be 336
authorized to coordinate implementation and enforcement of this 337
act and shall promulgate appropriate guidelines or regulations 338
for such purposes. 339
SECTION 9. Enforcement. (1) (a) The department shall 340
have the authority to take complaints, investigate those 341
complaints in a timely manner and seek penalties under this act 342
and to bring charges for noncompliance against any employer or 343
employee. 344
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(b) Any person alleging a violation of this act shall 345
have the right to file a complaint with the department within 346
two (2) years of the date the person knew or should have known 347
of the alleged violation. The department shall encourage 348
reporting pursuant to this subsection by keeping confidential, 349
to the maximum extent permitted by applicable laws, the name 350
and other identifying information of the employee or person 351
reporting the violation; provided, however, that with the 352
authorization of such person, the department may disclose his 353
or her name and identifying information as necessary to enforce 354
this act or for other appropriate purposes. 355
(c) Upon receiving a complaint alleging a violation 356
of this act, the department shall investigate such complaint 357
and attempt to resolve it through mediation between the 358
complainant and the subject of the complaint, or other means. 359
The department shall keep complainants notified regarding the 360
status of their complaint and any resultant investigation. If 361
the department believes that a violation has occurred, it shall 362
issue to the offending person or entity a notice of violation 363
and the relief required of the offending person or entity. The 364
department shall prescribe the form and wording of such notices 365
of violation, including any method of appealing the decision of 366
the department. 367
(d) The department shall have the power to impose 368
penalties provided for in this act and to grant an employee or 369
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former employee all appropriate relief. Such relief shall 370
include, but not be limited to, the following, to the extent 371
permitted under state law: 372
(i) The full amount of any unpaid earned paid 373
sick time; 374
(ii) Actual damages suffered as the result of 375
the employer's violation of this act, plus an equal amount of 376
liquidated damages; and 377
(iii) Such equitable and legal relief as may be 378
appropriate to remedy the violation, including, without 379
limitation, reinstatement. 380
(2) (a) The department, the Attorney General or any 381
person aggrieved by a violation of this act may bring a civil 382
action in a court of competent jurisdiction against an employer 383
violating this act. Such action may be brought by a person 384
aggrieved by a violation of this section without first filing 385
an administrative complaint. 386
(b) Upon prevailing in an action brought pursuant to 387
this section, aggrieved persons shall recover the full amount 388
of any unpaid earned sick time plus any actual damages suffered 389
as the result of the employer's violation of this act plus an 390
equal amount of liquidated damages. Aggrieved persons shall 391
also be entitled to reasonable attorney's fees. 392
(c) Upon prevailing in an action brought pursuant to 393
this section, aggrieved persons shall be entitled to such legal 394
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or equitable relief as may be appropriate to remedy the 395
violation, including, without limitation, reinstatement to 396
employment, back pay and injunctive relief. 397
(d) Any person aggrieved by a violation of this act 398
may file a complaint with the Attorney General. The filing of 399
a complaint with the Attorney General will not preclude the 400
filing of a civil action. 401
(e) The Attorney General may bring a civil action to 402
enforce this act. 403
(f) The statute of limitations for a civil action 404
brought pursuant to this section shall be for a period of two 405
(2) years from the date the alleged violation occurred or the 406
date the employee knew or should have known of the violation. 407
SECTION 10. Confidentiality and nondisclosure. (1) 408
Unless otherwise required by law, an employer may not require 409
disclosure of details relating to domestic violence, sexual 410
assault, or stalking or the details of an employee's or an 411
employee's family member's health information as a condition of 412
providing earned paid sick time under this act. 413
(2) Unless otherwise required by law, any health or safety 414
information possessed by an employer regarding an employee or 415
employee's family member must: 416
(a) Be maintained on a separate form and in a 417
separate file from other personal information; 418
(b) Be treated as confidential medical records; and 419
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(c) Not be disclosed except to the affected employee 420
or with the express permission of the affected employee. 421
SECTION 11. Encouragement of more generous earned paid 422
sick time policies; no effect on more generous policies or 423
laws. (1) Nothing in this act shall be construed to 424
discourage or prohibit an employer from the adoption or 425
retention of an earned paid sick time policy more generous than 426
the one required herein. 427
(2) Nothing in this act shall be construed as diminishing 428
the obligation of an employer to comply with any contract, 429
collective bargaining agreement, employment benefit plan or 430
other agreement providing more generous paid sick time to an 431
employee than required herein. 432
(3) Nothing in this act shall be construed as diminishing 433
the rights of public employees regarding paid sick time or use 434
of paid sick time as provided in Mississippi. 435
(4) The rights and remedies under this act may not be 436
waived by any agreement, policy, form or condition of 437
employment. 438
SECTION 12. Other legal requirements. This act provides 439
minimum requirements pertaining to earned paid sick time and 440
shall not be construed to preempt, limit or otherwise affect 441
the applicability of any other law, regulation, requirement, 442
policy or standard that provides for greater accrual or use by 443
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ST: Mississippi Sick and Safe Leave Act; enact.
employees of earned paid sick time or that extends other 444
protections to employees. 445
SECTION 13. Severability. If any provision of this act or 446
application thereof to any person or circumstance is judged 447
invalid, the invalidity shall not affect other provisions or 448
applications of the act which can be given effect without the 449
invalid provision or application, and to this end, the 450
provisions of this act are declared severable. 451
SECTION 14. This act shall take effect and be in force 452
from and after January 1, 2027. 453