1997 Regular Session
To: Local and Private Legislation
By: Representatives Fredericks, Barnett (116th), Dedeaux, Guice, Janus, Peranich, Ryan, Short, Simpson
House Bill 1873
(As Sent to Governor)
AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF HARRISON COUNTY TO ADOPT AND IMPLEMENT A POLICY UNDER WHICH ANY EMPLOYEE OF THE COUNTY MAY DONATE A PORTION OF HIS OR HER EARNED ANNUAL OR SICK LEAVE TO ANOTHER COUNTY EMPLOYEE WHO IS SUFFERING FROM A CATASTROPHIC ILLNESS OR INJURY, OR TO ANOTHER COUNTY EMPLOYEE WHO HAS A MEMBER OF HIS OR HER IMMEDIATE FAMILY WHO IS SUFFERING FROM A CATASTROPHIC ILLNESS OR INJURY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Board of Supervisors of Harrison County, Mississippi, in its discretion, may adopt and implement a policy under which any employee of the county may donate a portion of his or her earned annual or sick leave to another county employee who is suffering from a catastrophic illness or injury, or to another county employee who has a member of his or her immediate family who is suffering from a catastrophic illness or injury. Any such policy must include, at a minimum, the following components:
(a) The employee donating the leave (the "donor employee") shall designate the employee who is to receive the leave (the "recipient employee") and the amount of earned annual leave and sick leave that is to be donated, and shall notify the donor employee's appointing authority or supervisor of his or her designation. The donor employee's appointing authority or supervisor then shall notify the recipient employee's appointing authority or supervisor of the amount of leave that has been donated by the donor employee to the recipient employee.
(b) The maximum amount of earned annual leave that an employee may donate to any other employee may not exceed a number of days that would leave the donor employee with fewer than seven (7) days of annual leave left, and the maximum amount of earned sick leave that an employee may donate to any other employee may not exceed fifty percent (50%) of the earned sick leave of the donor employee.
(c) An employee must have exhausted all of his or her earned annual leave and sick leave before he or she will be eligible to receive any leave donated by another employee.
(d) 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 illness or injury, a description of the illness or injury, and a prognosis for recovery and the anticipated date that the recipient employee will be able to return to work.
(e) If the total amount of leave that is donated to any employee is not used by the recipient employee, the donated leave shall be returned to the donor employees on a pro rata basis, based on the ratio of the number of days of leave donated by each donor employee to the total number of days of leave donated by all donor employees.
(f) For the purposes of the donated leave policy:
(i) "Catastrophic illness or injury" means a severe condition or combination of conditions affecting the mental or physical health of an employee or a member of an employee's immediate family that requires the services of a licensed physician for an extended period of time and that forces the employee to exhaust all leave time earned by that employee and to lose compensation from the county for the employee.
(ii) "Immediate family" means spouse, parent, stepparent, sibling, child or stepchild.
SECTION 2. This act shall take effect and be in force from and after its passage.