House Bill 438

AN ACT TO PROVIDE THAT STATE EMPLOYEES WHO AUTHORIZE ANATOMICAL DONATIONS WILL RECEIVE ONE ADDITIONAL DAY OF PERSONAL LEAVE; TO PROVIDE THAT THE ANATOMICAL DONATION MUST BE AUTHORIZED UNDER THE ANATOMICAL GIFT LAW, AND THE AUTHORIZATION MUST BE PRESENTED TO THE STATE DEPARTMENT OF HEALTH FOR REGISTRATION; TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH WILL MAINTAIN A REGISTER OF THOSE EMPLOYEES WHO HAVE AUTHORIZED ANATOMICAL DONATIONS AND SEND THAT INFORMATION TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION, WHICH WILL CREDIT THE EMPLOYEES WITH AN ADDITIONAL DAY OF PERSONAL LEAVE; TO AMEND SECTION 25-3-93, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Any employee of the state, as defined in Section 25-3-91, shall receive one (1) day of personal leave in addition to the personal leave earned under Section 25-3-93, if the employee meets the conditions prescribed in this section.

(2) In order to receive the additional day of personal leave, the employee must authorize a donation of all or any part of his or her body in the manner prescribed in Section 41-39-39 or Section 41-39-53, and present that authorization to the State Department of Health for registration. The State Department of Health shall maintain a register of those employees who have authorized donations of all or any part of their bodies, and shall send a copy of that information to the Department of Finance and Administration on a regular basis. Upon receipt of that information about an employee from the State Department of Health, the Department of Finance and Administration shall credit the employee with one (1) additional day of personal leave, which is eight (8) hours of personal leave.

(3) The additional day of personal leave earned under this section may be used or accumulated in the same manner as personal leave earned under Section 25-3-93.

(4) An employee may earn an additional day of personal leave under this section only one (1) time during the entire time the person is employed by the state.

SECTION 2. Section 25-3-93, Mississippi Code of 1972, is amended as follows:

25-3-93. (1) (a) Except as provided in subsection (1)(b), 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.

(c) Employees who meet the conditions prescribed in Section 1 of this act shall be allowed credit for one (1) day of personal leave in addition to the personal leave earned under this section.

(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 3. This act shall take effect and be in force from and after July 1, 2003.