House Bill 694

AN ACT TO AMEND SECTION 25-3-92, MISSISSIPPI CODE OF 1972, TO AUTHORIZE STATE AGENCIES TO GRANT UP TO SIX DAYS OF ADMINISTRATIVE LEAVE WITH PAY WITHIN A SIX-MONTH PERIOD TO EMPLOYEES WHO ARE QUALIFIED MEMBERS OF THE MISSISSIPPI WING OF THE CIVIL AIR PATROL PARTICIPATING IN OFFICIAL EMERGENCY SERVICES MISSIONS; TO PROVIDE THAT EMPLOYEES OF ANY PUBLIC OR PRIVATE BUSINESS OR INDUSTRY, WHO ARE ACTIVE MEMBERS OF THE MISSISSIPPI WING OF THE CIVIL AIR PATROL, MAY BE ENTITLED, IN THE DISCRETION OF AN EMPLOYEE'S EMPLOYER, TO A LEAVE OF ABSENCE FROM THEIR RESPECTIVE DUTIES ON ALL DAYS DURING WHICH THEY PARTICIPATE IN AN OFFICIAL OPERATIONAL EMERGENCY SERVICES MISSION FOR THE CIVIL AIR PATROL IN THIS STATE OR IN A STATE CONTIGUOUS TO THIS STATE WHEN THE CIVIL AIR PATROL REQUESTS THE EMPLOYEE'S PARTICIPATION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-3-92, Mississippi Code of 1972, is amended as follows:

25-3-92. (1) When, in the opinion of the appointing authority, it is essential that a state employee work after normal working hours, the employee may receive credit for compensatory leave. Except as otherwise provided in Section 37-13-89, when, in the opinion of the appointing authority, it is essential that a state employee work during an official state holiday, the employee shall receive credit for compensatory leave.

(2) State employees may be granted administrative leave with pay. For the purposes of this section, "administrative leave" means discretionary leave with pay, other than personal leave or major medical leave.

(a) The appointing authority may grant administrative leave to any employee serving as a witness or juror or party litigant, as verified by the clerk of the court, in addition to any fees paid for such services, and such services or necessary appearance in any court shall not be counted as personal leave.

(b) The Governor or the appointing authority may grant administrative leave with pay to state employees on a local or statewide basis in the event of extreme weather conditions or in the event of a man-made, technological or natural disaster or emergency. Any employee on a previously approved leave during the affected period shall be eligible for such administrative leave granted by the Governor or appointing authority, and shall not be charged for his previously approved leave during the affected period.

(c) The appointing authority may grant administrative leave with pay to any employee who is a certified disaster service volunteer of the American Red Cross who participates in specialized disaster relief services for the American Red Cross in this state and in states contiguous to this state when the American Red Cross requests the employee's participation. Administrative leave granted under this paragraph shall not exceed twenty (20) days in any twelve-month period. An employee on leave under this paragraph shall not be deemed to be an employee of the state for purposes of workers' compensation or for purposes of claims against the state allowed under Chapter 46, Title 11, Mississippi Code of 1972. As used in this paragraph, the term "disaster" includes disasters designated at Level II and above in American Red Cross national regulations and procedures.

(d) The appointing authority may grant administrative leave with pay to an employee who is a qualified member in good standing of the Mississippi Wing of the Civil Air Patrol who is participating in an official operational Emergency Services Mission for the Civil Air Patrol in this state or in a state contiguous to this state when the Civil Air Patrol requests the employee's participation. Administrative leave granted under this paragraph may not exceed six (6) days in any six-month period. An employee on leave under this paragraph is not deemed to be an employee of the state for purposes of workers' compensation or for purposes of claims against the state allowed under Chapter 46, Title 11, Mississippi Code of 1972.

SECTION 2. (1) An employee of a public or private business or industry, who is an active member of the Mississippi Wing of the Civil Air Patrol, may be entitled, in the discretion of the employee's employer, to a leave of absence from the employee's respective duties, without loss of rank, pay, time, annual leave, or efficiency rating, on all days during which the employee participates in an official operational Emergency Services Mission for the Civil Air Patrol in this state or in a state contiguous to this state when the Civil Air Patrol requests the employee's participation.

(2) An employee described under subsection (1) may be entitled, in the discretion of the employee's employer, to a leave of absence from the employee's respective duties without loss of rank, pay, time, annual leave, or efficiency rating until relieved from duty, at which time, the employee may be restored to the position held when ordered to duty, or a position of like seniority, status and pay, if the person:

(a) Remains qualified to perform the duties of the position; and

(b) Makes application for re-employment within ninety (90) days after that person is relieved from the emergency services, for a period of not more than one (1) year for causes attributable to those services.

SECTION 3. This act shall take effect and be in force from and after July 1, 2023.