House Bill 547

AN ACT TO PROHIBIT AN EMPLOYER FROM TERMINATING OR OTHERWISE DISCRIMINATING AGAINST AN EMPLOYEE WHO LEAVES HIS OR HER PLACE OF EMPLOYMENT TO EVACUATE UNDER AN EMERGENCY EVACUATION ORDER; TO PROVIDE DEFINITIONS; TO PROVIDE THAT IF AN EMPLOYER TERMINATES OR OTHERWISE DISCRIMINATES AGAINST SUCH AN EMPLOYEE, THE EMPLOYER SHALL BE LIABLE AND THE EMPLOYEE SHALL BE REINSTATED; TO EXEMPT CERTAIN INDIVIDUALS FROM THE REQUIREMENTS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Definitions. The following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:

(a) "Disaster" has the same meaning as defined in Section 33-15-5.

(b) "Emergency" has the same meaning as defined in Section 33-15-5.

(c) "Emergency evacuation order" means an official statement issued by the President of the United States, the Governor, or a political subdivision of this state to mandate the evacuation of all or part of a population of an area stricken or threatened by an emergency or disaster.

(d) "Emergency personnel" means law enforcement personnel, fire department personnel, emergency medical personnel, emergency management personnel, public works personnel, or other individuals who are required, in the course and scope of their employment, to provide services for the benefit of the general public during an emergency or disaster.

(e) "Employee" means a person who performs services for and under the control and direction of an employer for wages or other remuneration.

(f) "Employer" means a person who employs one or more employees.

(2) Discrimination Prohibited. An employer may not terminate or in any other manner discriminate against an employee who leaves the employee's place of employment to evacuate under an emergency evacuation order.

(3) Liability; Reinstatement. An employer who violates the provisions of subsection (2) shall be liable for any loss of wages and employer-provided benefits incurred by the employee as a result of the violation. An employee terminated in violation of subsection (2) shall be entitled to reinstatement in the same or an equivalent position of employment with commensurate pay.

(4) Applicability. This section does not apply to individuals employed as emergency personnel if the employer provides adequate emergency shelter for those individuals. This section does not apply to an employee who is necessary to provide for the safety and well-being of the general public, including a person necessary for the restoration of vital services.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.