MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Labor; Ways and Means

By: Representatives Flaggs, Bailey

AN ACT TO PROVIDE THAT INDIVIDUALS WHO LEAVE EMPLOYMENT TO BE WITH THEIR CHILDREN DURING THEIR FIRST YEAR OF LIFE OR DURING THE FIRST YEAR FOLLOWING PLACEMENT WITH THE INDIVIDUALS FOR ADOPTION SHALL NOT BE DENIED UNEMPLOYMENT COMPENSATION; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) An individual who is on a leave of absence from his or her employer or who left employment to be with the individual's child during the first year of life, or during the first year following placement with the individual for adoption, shall not be denied unemployment compensation under Sections 71-5-511 and 71-5-513 for voluntarily leaving employment, for not being available for work, for inability to work or for failure to actively seek work.

(2) Section 71-5-513, concerning the reduction of the amount of compensation due to receipt of disqualifying income, shall apply to payments under this section. In addition, the following payments shall cause a reduction in the compensation amount:

(a) Any payment from the employer resulting from a birth or adoption described in subsection (1) of this section; and

(b) Any payment resulting from a birth or adoption described in subsection (1) of this section; from a disability insurance plan contributed to by an employer, in proportion to the employer's contribution to such plan.

(3) Compensation is payable to an individual under this section for a maximum of twelve (12) weeks with respect to any birth or placement for adoption.

(4) Each employer shall post at each site operated by the employer, in a conspicuous place, accessible to all employees, information relating to the availability of birth and adoption unemployment compensation.

(5) Any compensation paid under this section shall not be charged to the account of the individual employer.

(6) Two (2) years following the effective date of this legislation, the Employment Security Commission shall issue a report to the governor and Legislature evaluating the effectiveness of the birth and adoption unemployment compensation program.

(7) This section shall be applied consistent with regulations issued by the United States Department of Labor.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.