Military leave; increase authorized days of paid military leave for public employees who are members of National Guard.

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PAGE 1

To: Veterans and Military
Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Tate, Simmons (13th)

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2424

AN ACT TO AMEND SECTION 33-1-21, MISSISSIPPI CODE OF 1972, TO 1
INCREASE THE NUMBER OF AUTHORIZED DAYS OF PAID ANNUAL MILITARY 2
LEAVE FOR PUBLIC EMPLOYEES WHO ARE ALSO MEMBERS OF THE NATIONAL 3
GUARD; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 33-1-21, Mississippi Code of 1972, is 6
amended as follows: 7
33-1-21. (a) All officers and employees of any department, 8
agency, or institution of the State of Mississippi, or of any 9
county, municipality, or other political subdivision, who shall be 10
members of any of the reserve components of the Armed Forces of 11
the United States, or former members of the service of the United 12
States discharged or released therefrom under conditions other 13
than dishonorable, shall be entitled to leave of absence from 14
their respective duties, without loss of pay, time, annual leave, 15
or efficiency rating, on all days during which they shall be 16
ordered to duty to participate in training at encampments, field 17
exercises, maneuvers, outdoor target practice, or for other 18
exercises, for periods not to exceed * * * twenty-one (21) days, 19
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and all such officers and employees shall for such periods in 20
excess of * * * twenty-one (21) days, be entitled to leave of 21
absence from their respective duties without loss of time, annual 22
leave, or efficiency rating until relieved from duty, and shall 23
when relieved from such duty, be restored to the positions held by 24
them when ordered to duty, or a position of like seniority, status 25
and pay; provided that such person: (1) when discharged or 26
released from the armed forces shall have received a certificate 27
of satisfactory completion of service, (2) shall be still 28
qualified to perform the duties of such position, (3) shall make 29
application for re-employment within ninety (90) days after June 30
1, 1966, or within ninety (90) days after such person is relieved 31
from such training and service or released from hospitalization 32
for a period of not more than one (1) year for causes attributable 33
to such services. Any person restored to a position under the 34
above provisions shall not be discharged from such position 35
without cause within one (1) year after restoration. The fact 36
that there has been a change of administration affecting any 37
position with the State of Mississippi, or any county, city, town, 38
political subdivision, or any state institution thereof shall in 39
no manner affect or deny to such person his former position, and 40
regardless of any limitation on the number of employees, such 41
person shall be re-employed. The provisions of this section do 42
not apply to any officer elected by the vote of the electors of 43
the state, county, municipality, or political subdivisions, when 44
S. B. No. 2424 *SS26/R538CS* ~ OFFICIAL ~
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ST: Military leave; increase authorized days of
paid military leave for public employees who are
members of National Guard.
the statutory or constitutional term of the office has expired 45
upon the discharge of such person from military service, but this 46
section does grant re-employment rights to all other officers and 47
employees of the State of Mississippi, or of any county, 48
municipality, or political subdivision when ordered to military 49
duty. 50
(b) In the event the persons referred to in the foregoing 51
subsection are not reinstated, as therein required, upon 52
application by any such person to the county attorney of the 53
county in which he was employed, or to the district attorney of 54
the district in which he was employed, such attorney applied to 55
shall act as the attorney for such person and shall institute such 56
action as may be necessary to enforce compliance with the 57
provisions of said subsection, and no fees or court costs shall be 58
taxed against the person applying for benefits thereunder. 59
(c) Insofar as any of the provisions of this section are 60
inconsistent with the provisions of any other law, the provisions 61
of this section shall be considered controlling, and any other 62
acts or parts of acts in conflict herewith are hereby repealed 63
insofar as they are in conflict with this section. 64
SECTION 2. This act shall take effect and be in force from 65
and after July 1, 2026. 66