Family, Medical and Parental Leaves Law Summaries
Mississippi, Family, Medical and Parental Leaves Law Summaries
Mississippi's family and medical leave law and its organ donor leave law apply only to state employees (Mississippi Code, Title 25, Chapter 3).
The state also has provisions relating to protections for nursing mothers. See ¶25-1400 .
WHAT THE EMPLOYER MUST DO
Major medical leave may be used for the illness or injury of a state employee or member of a state employee's immediate family, only after the employee has used one day of accrued personal or compensatory leave for each absence due to illness, or leave without pay if the employee has no accrued personal or compensatory leave. However, major medical leave may be used, without prior use of personal leave, to cover regularly scheduled visits to a doctor's office or a hospital for the continuing treatment of a chronic disease, as certified in advance by a physician (Sec. 25-3-95(2), as amended by S. 2713, L. 1999, effective July 1, 1999).
Any state employee may donate a portion of his or her earned personal leave or major medical leave to another employee who is suffering from a catastrophic injury or illness or to another employee who has a member of his or her immediate family who is suffering from a catastrophic injury or illness. A state employee must have exhausted all of his or her earned personal leave and major medical leave before he or she will be eligible to receive any leave donated by another employee (Sec. 25-3-95(8), as amended by S. 2713, L. 1999, effective July 1, 1999).
Before an employee may receive donated leave, he or she must provide his or her appointing authority or supervisor with a physician's statement that states the beginning date of the catastrophic injury or illness, a description of the injury or illness, and a prognosis for recovery and the anticipated date that the recipient employee will be able to return to work (Sec. 25-3-95(8), as amended by S. 2713, L. 1999, effective July 1, 1999).
If an employee is aggrieved by the decision of his or her appointing authority that the employee is not eligible to receive donated leave because the injury or illness of the employee or member of the employee's immediate family is not, in the appointing authority's determination, a catastrophic injury or illness, the employee may appeal the decision to the employee appeals board (Sec. 25-3-95(8), as amended by S. 2713, L. 1999, effective July 1, 1999).
Organ donor leave.- The Mississippi Organ Donor Leave Act is intended to provide time off with pay for state employees who donate an organ, bone marrow, blood or blood platelets (Sec. 25-3-103(1) and (2)).
On request, a participating employee (defined as a permanent, full-time or part-time employee who has been employed by an agency for a period of six months or more and who donates an organ, bone marrow, blood or blood platelets) subject to this section may be entitled to organ donation leave with pay (Sec. 25-3-103(3) and (4)).
An employee may use (1) up to 30 days of organ donation leave in any 12-month period to serve as a bone marrow donor, (2) up to 30 days of organ donation leave in any 12-month period to serve as an organ donor, (3) up to one hour to donate blood every 56 days, and (4) up to two hours to donate blood platelets in accordance with appropriate medical standards established by the American Red Cross or other nationally recognized standards. Leave under item (4) just above may not be granted more than 24 times in a 12-month period (Sec. 25-3-103(4)(b)).
An employee may use organ donation leave or other leave authorized in Sec. 25-3-103(4)(b) just above only after obtaining approval from the employee's agency (Sec. 25-3-103(4)(c)).
An employee shall not be required to use accumulated sick or vacation leave time before being eligible for organ donor leave (Sec. 25-3-103(4)(d)).
<p>An employee shall not be required to use accumulated sick or vacation leave time before being eligible for organ donor leave (Sec. 25-3-103(4)(d)).</p>
/resources/state_laws/mississippi_family_medical_and_parental_leaves_law_summaries.aspx