Senate Bill 2154

AN ACT TO AMEND SECTION 25-1-98, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR FLEXIBLE OFFICE HOURS FOR CERTAIN STATE AGENCIES AND TO PROVIDE FOR STAFF DURING SUCH FLEXIBLE OFFICE HOURS; 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. (1) 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. 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 armories, field training sites, air bases or other installations of the Mississippi National Guard.

(2) 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.

(3) In addition to any other times required by statute, the following state agencies shall be open and staffed for the normal conduct of business from 8:00 a.m. until 8:00 p.m., Monday through Saturday: (a) the Department of Human Services; (b) the Division of Medicaid; (c) the State Department of Health; and (d) the Mississippi Department of Employment Security. The administrative head of the appropriate divisions and bureaus of such agencies shall assign employees to flexible working hours in order to accommodate the flexible office hours prescribed herein, and no employee assigned to such flexible office hours shall receive additional compensation, vacation leave or compensatory leave benefits for staffing the office during such period of time.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.