MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Fees and Salaries of Public Officers; Appropriations

By: Representatives Horne, Robinson (84th)

AN ACT TO AMEND SECTION 25-1-98, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE PERSONNEL BOARD TO REVISE PERSONAL AND SICK LEAVE BENEFITS ACCRUED FOR CERTAIN EMERGENCY WORKERS; TO AMEND SECTION 25-3-92, MISSISSIPPI CODE OF 1972, TO REVISE THE REQUIREMENTS FOR RECEIVING COMPENSATORY TIME FOR CERTAIN EMERGENCY WORKERS; TO AMEND SECTION 25-3-40, MISSISSIPPI CODE OF 1972, TO REQUIRE REALIGNMENT FOR CERTAIN EMERGENCY WORKERS WHO COMPLETE SUCCESSFULLY THEIR REQUIRED TRAINING; TO AMEND SECTION 25-3-95, MISSISSIPPI CODE OF 1972, TO INCREASE HOURS OF MAJOR MEDICAL LEAVE WITHOUT CERTIFICATION BY A PHYSICIAN FOR CERTAIN FIRE FIGHTERS; TO AMEND SECTION 25-3-93, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-1-98, Mississippi Code of 1972, is amended as follows:

25-1-98. In addition to any other times required by statute, all state offices shall be open and staffed for the normal conduct of business from 8:00 a.m. until 5:00 p.m., Monday through Friday, except on legal holidays as set forth in Section 3-3-7. The Governor may designate certain state offices and institutions as providers of essential services and require that they be open and staffed on legal holidays. The Board of Directors of the Mississippi Industries for the Blind may, in its discretion, require that its offices and operations be open and staffed on legal holidays. Employees required to work on legal holidays shall earn compensatory leave under the provisions of Section 25-3-92. Except as otherwise provided herein, no employee shall receive additional vacation or sick leave benefits for working on a legal holiday, nor shall this section be construed to authorize any additional compensation as an alternative to the accrual of compensatory leave except as specifically provided for in a legislative appropriation. The provisions of this section shall not be construed to limit the hours of operation of any agency or to abrogate any action taken during hours other than those stated, nor shall these provisions apply to any offices that do not customarily stay open five (5) days a week. The provisions of this section shall not apply to the military department of the State of Mississippi or to the fire fighters who work for the Mississippi Military Department or to the armories, field training sites, air bases or other installations of the Mississippi National Guard. The State Personnel Board shall develop rules and regulations to allow emergency workers, including the fire fighters who work for the Mississippi Military Department, to accrue additional personal and sick leave benefits for those days that they work over eight (8) hours.

A workday for a state employee in a full-time employment position shall be eight (8) hours in duration at a minimum exclusive of time off for meals. The appointing authority shall develop work schedules which ensure that each full-time employee works a full workday and shall provide the State Auditor with a copy of the regular work schedule of the appointing authority.

SECTION 2. 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 manmade, technological or natural disaster or emergency. Emergency workers, including the fire fighters of the Mississippi Military Department, who are required to work at those times when the governor grants such administrative leave to other state employees, shall receive compensatory leave for the hours they work.

(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.

SECTION 3. Section 25-3-93, Mississippi Code of 1972, is reenacted and amended as follows:

25-3-93. (1) (a) Except as provided in Section 25-1-98, as amended in House Bill No. , 2000 Regular Session, and except as provided in subsection (1)(b) of this section, all employees and appointed officers of the State of Mississippi, who are employees as defined in Section 25-3-91, shall be allowed credit for personal leave computed as follows:

Continuous Accrual Rate Accrual Rate

Service (Monthly) (Annually)

1 month to 3 years 12 hours per month 18 days per year

37 months to 8 years 14 hours per month 21 days per year

97 months to 15 years 16 hours per month 24 days per year

Over 15 years 18 hours per month 27 days per year

However, employees who were hired prior to July 1, 1984, who have continuous service of more than five (5) years but not more than eight (8) years shall accrue fifteen (15) hours of personal leave each month.

(b) Temporary employees who work less than a full workweek and part-time employees shall be allowed credit for personal leave computed on a pro rata basis. Faculty members employed by the eight (8) public universities on a nine-month contract, temporary employees of the public universities who work less than twenty (20) hours per week for a period of less than five (5) months during a fiscal year, and recipients of full-time educational leave, while on such leave, shall not be eligible for personal leave.

(2) For the purpose of computing credit for personal leave, each appointed officer or employee shall be considered to work not more than five (5) days each week. Leaves of absence granted by the appointing authority for one (1) year or less shall be permitted without forfeiting previously accumulated continuous service. The provisions of this section shall not apply to military leaves of absence. The time for taking personal leave, except when such leave is taken due to an illness, shall be determined by the appointing authority of which such employees are employed.

(3) For the purpose of Sections 25-3-91 through 25-3-99, the earned personal leave of each employee shall be credited monthly after the completion of each calendar month of service, and the appointing authority shall not increase the amount of personal leave to an employee's credit. It shall be unlawful for an appointing authority to grant personal leave in an amount greater than was earned and accumulated by the officer or employee.

(4) Employees are encouraged to use earned personal leave. Personal leave may be used for vacations and personal business as scheduled by the appointing authority and shall be used for illnesses of the employee requiring absences of one (1) day or less. Accrued personal or compensatory leave shall be used for the first day of an employee's illness requiring his absence of more than one (1) day. Accrued personal or compensatory leave may also be used for an illness in the employee's immediate family as defined in Section 25-3-95. There shall be no limit to the accumulation of personal leave. Upon termination of employment each employee shall be paid for not more than thirty (30) days of accumulated personal leave. Unused personal leave in excess of thirty (30) days shall be counted as creditable service for the purposes of the retirement system as provided in Sections 25-11-103 and 25-13-5.

(5) Any officer of the Mississippi Highway Safety Patrol who is injured by wound or accident in the line of duty shall not be required to use earned personal leave during the period of recovery from such injury.

(6) Any employee may donate a portion of his or her earned personal 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, in accordance with subsection (8) of Section 25-3-95.

This subsection shall stand repealed from and after July 1, 2000.

SECTION 4. Section 25-3-95, Mississippi Code of 1972, is amended as follows:

25-3-95. (1) All employees and appointed officers of the State of Mississippi, except temporary employees of the public universities who work less than twenty (20) hours per week for a period of less than five (5) months during a fiscal year, fire fighters who work for the Mississippi Military Department and recipients of full-time educational leave, while on such leave, shall accrue credits for major medical leave as follows:

Continuous Accrual Rate Accrual Rate

Service (Monthly) (Annually)

1 month to 3 years 8 hours per month 12 days per year

37 months to 8 years 7 hours per month 10.5 days per year

97 months to 15 years 6 hours per month 9 days per year

Over 15 years 5 hours per month 7.5 days per year

Faculty members employed by the eight (8) public universities on a nine-month contract shall accrue credit for major medical leave as follows:

Continuous Accrual Rate Accrual Rate

Service (Per Month) (Per Academic Year)

1 month to 3 years 13-1/3 hours per month 15 days per

academic year

37 months to 8 years 14-1/5 hours per month 16 days per

academic year

97 months to 15 years 15-2/5 hours per month 17 days per

academic year

Over 15 years 16 hours per month 18 days per

academic year

Part-time employees shall accrue major medical leave on a pro rata basis. There shall be no maximum limit to major medical leave accumulation. All unused major medical leave shall be counted as creditable service for the purposes of the retirement system as provided in Sections 25-11-103 and 25-13-5. Fire fighters who work for the Mississippi Military Department shall accrue major medical leave in accordance with the rules and regulations of the State Personnel Board as provided in Section 25-1-98, as amended in House Bill No. , 2000 Regular Session.

(2) Major medical leave may be used for the illness or injury of an employee or member of the employee's immediate family as defined in subsection (3) of this section, only after the employee has used one (1) 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. Provided that faculty members employed by the eight (8) public universities on a nine-month basis may use major medical leave for the first day of absence due to illness. 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. For the purposes of this section, "physician" means a doctor of medicine, osteopathy, dental medicine, podiatry or chiropractic. Except as otherwise provided herein, for each absence due to illness of thirty-two (32) consecutive working hours (combined personal leave and major medical leave) major medical leave shall be authorized only when certified by their attending physician. However, for fire fighters who work for the Mississippi Military Department for one hundred ninety-eight (198) or more hours a month, for each absence due to illness of forty-eight (48) consecutive working hours (combined personal leave and major medical leave), major medical leave shall be authorized only when certified by their attending physician.

(3) An employee may use up to three (3) days of earned major medical leave for each occurrence of death in the immediate family requiring the employee's absence from work. No qualifying time or use of personal leave will be required prior to use of major medical leave for this purpose. For the purpose of this subsection (3), the immediate family is defined as spouse, parent, stepparent, sibling, child, stepchild, grandchild, grandparent, son- or daughter-in-law, mother- or father-in-law or brother- or sister-in-law. Child means a biological, adopted or foster child, or a child for whom the individual stands or stood in loco parentis.

(4) Employees and appointed officers of the State of Mississippi having unused, accumulated sick leave or annual leave earned prior to July 1, 1984, shall be credited with major medical leave and personal leave as follows: All unused annual leave shall be credited as personal leave.

Unused sick leave shall be divided between major medical leave and personal leave at rates determined by the employee's sick leave balance on June 30, 1984. The rates of conversion shall be as follows:

Sick Leave Percentage Percentage

Balance as of Converted to Converted to

June 30, 1984 Personal Leave Major Medical Leave

1 - 200 hours 20% 80%

201 - 400 hours 25% 75%

401 - 600 hours 30% 70%

601 or more hours 35% 65%

(5) Upon retirement from active employment each faculty member of the state-supported public universities who is employed on a nine-month basis shall receive credit and be paid for not more than thirty (30) days of unused major medical leave for service as a state employee. Unused major medical leave in excess of thirty (30) days shall be counted as creditable service for the purposes of the retirement system as provided in Sections 25-11-103 and 25-13-5.

(6) Any officer of the Mississippi Highway Safety Patrol who is injured by wound or accident in the line of duty shall not be required to use earned major medical leave during the period of recovery from such injury.

(7) For the purpose of Sections 25-3-91 through 25-3-99, the earned major medical leave of each employee shall be credited monthly after the completion of each calendar month, and the appointing authority shall not increase the amount of major medical leave to an employee's credit. It shall be unlawful for an appointing authority to grant major medical leave in an amount greater than was earned and accumulated by the officer or

employee.

(8) Any 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, as defined in Section 25-3-91, or to another employee who has a member of his or her immediate family who is suffering from a catastrophic injury or illness, in accordance with the following:

(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 personal leave and major medical 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 personal 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 personal leave left, and the maximum amount of earned major medical leave that an employee may donate to any other employee may not exceed fifty percent (50%) of the earned major medical leave of the donor employee.

(c) An 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.

(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 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.

(e) 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.

(f) 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.

(g) The failure of any appointing authority or supervisor of any employee to properly deduct an employee's donation of leave to another employee from the donor employee's earned personal leave or major medical leave shall constitute just cause for the dismissal of the appointing authority or supervisor.

(h) Donated leave shall not be used in lieu of disability retirement.

(i) For the purposes of this subsection, "immediate family" means spouse, parent, stepparent, sibling, child or stepchild.

(j) This subsection shall stand repealed from and after July 1, 2000.

SECTION 5. Section 25-3-40, Mississippi Code of 1972, is amended as follows:

25-3-40. On July 1, 1978, and each year thereafter, the Mississippi Compensation Plan shall be amended to provide salary increases in such amounts and percentages as might be recommended by the Legislative Budget Office and as may be authorized by funds appropriated by the Legislature for the purpose of granting incentive salary increases as deemed possible dependent upon the availability of general and special funds. The Mississippi Compensation Plan shall be amended to provide realignment for those fire fighters employed by the Mississippi Military Department who completed successfully the 1994 Air Force Instruction (AFI) 32-2001 requirements for training. The State Personnel Board shall coordinate the realignment or increase in salaries and benefits with those established by the Air National Guard for persons completing such training.

It is hereby declared to be the intent of the Mississippi Legislature to implement the minimum wage as enacted by statutory law of the United States Congress subject to funds being available for that purpose. It is the intent and purpose of this section to maximize annual salary increases consistent with the availability of funds as might be determined by the Mississippi Legislature at its regular annual session and that all salary increases hereafter be made consistent with the provisions of this section.

SECTION 6. This act shall take effect and be in force from and after July 1, 2000.