Mississippi Leave Law
In addition to rights under the federal Family and Medical Leave Act (FMLA), public employees in the State of Mississippi may accumulate "major medical leave." Below is a brief description of this law.
If you are considering taking leave, consult with your Human Resource Office for additional details - preferably with a supervisor to help assure accuracy of the information.
Who Is Eligible To Accrue Major Medical Leave?
All employees of the State of Mississippi (except for employees of the public universities who do not contribute to the Mississippi Public Employees' Retirement System or the Optional Retirement Program).
How Much Leave Do I Get?
Eligible employees accrue credits for major medical leave as follows:
For continuous service of 1 month -- 3 years: you will accrue 8 hours per month (12 days per year);For continuous service of 37 months -- 8 years, you will accrue 7 hours per month (10.5 days per year);For continuous service of 97 months -- 15 years, you will accrue 6 hours per month (9 days per year);
For continuous service over 15 years, you will accrue 5 hours per month (7.5 days per year).
There is no limit to the amount of major medical leave you can accumulate.
What Is A Legitimate Use of Leave?
You may use major medical leave for:
Your own illness or injury; orThe illness or injury of an immediate family member.
NOTE: You must use at least one day of accrued personal or compensatory leave for each absence before you may begin to use major medical leave (if you have no accrued paid leave, you must use at least one day of unpaid leave).Exception, the one-day requirement does not apply to regularly scheduled visits to your doctor or the hospital in connection with continuing treatment of a chronic disease (this exception requires prior medical certification by a physician).
Who Is An Immediate Family Member?
Your immediate family includes your spouse, parents, stepparents, siblings, children, stepchildren, grandchildren, grandparents, sons- or daughters-in-law, mother- or father-in-law, and brothers- or sisters-in-law. NOTE: For purposes of donated leave, below, immediate family only includes your spouse, parents, stepparents, siblings, children or stepchildren.
Is A Doctor's Note Required?
If you are absent for 32 consecutive working hours, you must receive certification by your physician.
May I Receive Donated Major Medical Leave?
You may receive donated major medical leave if:
You have been employed by your employer for a total of at least 12 months;You have been employed by your employer for at least 1,250 hours during the previous 12-month period; andYou have exhausted all of your personal leave and major medical leave.« Previous Next »
NOTE: You may not use more than 90 days of donated major medical leave without resuming work.
May I Donate Unused Major Medical Leave?
You may donate a portion of your personal leave or major medical leave to another employee who is suffering from a catastrophic injury or illness or who has an immediate family member (defined as only your spouse, parents, stepparents, siblings, children or stepchildren.) suffering from a catastrophic injury or illness. Limitation: You must retain at least 7 days of personal leave and the maximum amount of major medical leave you may donate may not exceed 50% of your accrued major medical leave.
Researched and written by:
Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NYGet Your Personal Guide
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