MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Military Affairs; Appropriations
By: Representative Gardner
AN ACT TO REQUIRE CERTAIN EMPLOYERS TO ALLOW EMPLOYEES WHO HAVE A RELATIVE ORDERED TO ACTIVE DUTY TO TAKE A LEAVE OF ABSENCE; TO DEFINE CERTAIN TERMS; TO PROVIDE GUIDELINES FOR EMPLOYEES DESIRING TO TAKE A LEAVE OF ABSENCE; TO REQUIRE AN EMPLOYER, AT AN EMPLOYEE'S EXPENSE, TO CONTINUE THE EMPLOYEE'S HEALTH CARE BENEFITS DURING A LEAVE OF ABSENCE; TO PROHIBIT THE REFUSAL OF PUBLIC ACCOMMODATIONS TO PERSONS ON ACTIVE DUTY WHO ARE UNDER THE AGE OF 21; TO AMEND SECTION 13-5-25, MISSISSIPPI CODE OF 1972, TO EXEMPT CITIZENS SERVING ON ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES OR THE NATIONAL GUARD FROM JURY SERVICE; TO AMEND SECTION 33-3-11, MISSISSIPPI CODE OF 1972, TO DIRECT THE ADJUTANT GENERAL TO ASSIST IN CARRYING OUT THE PROVISIONS OF THIS ACT; TO AMEND SECTION 33-4-1, MISSISSIPPI CODE OF 1972, TO REVISE THE USE OF THE MISSISSIPPI MILITARY FAMILY RELIEF FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Sections 1 through 8 of this act apply to an employer that employs at least fifty (50) employees for each working day during each of at least twenty (20) calendar work weeks.
SECTION 2. As used in Sections 1 through 8 of this act, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Active duty" means full-time service on active duty orders in (i) the Armed Forces of the United States; or
(ii) the National Guard
for a period that exceeds eighty-nine (89) consecutive calendar days.
(b) "Armed Forces of the United States" means the active or reserve components of:
(i) The Army;
(ii) The Navy;
(iii) The Air Force;
(iv) The Coast Guard;
(v) The Marine Corps; or
(vi) The Merchant Marine.
(c) "Employee" means a person employed or permitted to work or perform services for remuneration under a written or oral contract of hire by an employer.
(d) "Employer" includes the state and political subdivisions of the state.
(e) "Grandparent" means a biological grandparent.
(f) "Health care benefits" means employer provided health coverage, including coverage for medical care, prescription drugs, vision care, medical savings accounts or any other health related benefit.
(g) "National Guard" means:
(i) The Mississippi Army National Guard; or
(ii) The Mississippi Air National Guard.
(h) "Parent" means:
(i) A biological father or mother;
(ii) An adoptive father or mother; or
(iii) A court appointed guardian or custodian.
(i) "Sibling" means a brother or sister by blood, half-blood or adoption.
SECTION 3. (1) An employee who meets the following conditions is entitled to an unpaid leave of absence as provided in subsection (2) of this section:
(a) Employed by an employer for at least twelve (12) months;
(b) Worked at least one thousand five hundred (1,500) hours during the twelve-month period immediately preceding the day the leave begins; and
(c) Is the spouse, parent, grandparent or sibling of a person who is ordered to active duty.
(2) An employee may take a leave of absence during one or more of the following periods:
(a) During the thirty (30) days before active duty orders are in effect.
(b) During a period in which the person ordered to active duty is on leave while active duty orders are in effect.
(c) During the thirty (30) days after the active duty orders are terminated.
(3) The leave of absence allowed each year under subsection (1) of this section may not exceed a total of ten (10) working days.
(4) An eligible employee may elect, or an employer may require the employee, to substitute any earned paid vacation leave, personal leave or other paid leave, except for paid medical or sick leave, available to the employee for a leave of absence provided under Sections 1 through 8 of this act for any part of the period of the leave of absence.
SECTION 4. (1) An employee who desires to take a leave of absence under Sections 1 through 8 of this act must provide written notice, including a copy of the active duty orders if available, to the employee's employer of the date the requested leave will begin. An employee must give at least thirty (30) days' notice before the date on which the employee intends to begin the leave, unless the active duty orders are issued less than thirty (30) days before the date the requested leave will begin. An employee must give at least thirty (30) days' notice before the date on which the employee intends to begin the leave, unless the active duty orders are issued less than thirty (30) days before the date the requested leave is to begin.
(2) An employer may require verification of an employee's eligibility for the leave. If an employee fails to provide verification required by an employer under this subsection, the employer may consider the employee's absence from employment unexcused.
SECTION 5. (1) Except as provided in subsection (2) of this section, after an employee takes a leave of absence under Sections 1 through 8 of this act, an employee must be restored to:
(a) The position that the employee held before the leave; or
(b) A position equivalent to the position that the employee held before the leave, with equivalent seniority, pay, benefits and other terms and conditions of employment.
(2) An employer is not required to restore an employee to a position described in subsection (1) of this section if the employer proves that the reason the employee was not restored to the position is unrelated to the employee's exercise of the employee's rights under Sections 1 through 8 of this act.
SECTION 6. An employer shall permit an employee who is taking a leave of absence under Sections 1 through 8 of this act to continue the employee's health care benefits at the employee's expense.
SECTION 7. An employer may not interfere with, restrain or deny the exercise of or the attempt to exercise any right provided under Sections 1 through 8 of this act.
SECTION 8. An employee may bring a civil action at law to enforce Sections 1 through 8 of this act. The court may enjoin any act or practice that violates Sections 1 through 8 of this act and order any other equitable relief that is just and proper under the circumstances to redress the violation of or to enforce Sections 1 through 8 of this act.
SECTION 9. (1) A person who provides lodging for compensation at a motel, hotel or other place of public accommodation may not refuse to rent or lease a room to an individual on active duty solely because the individual is less than twenty-one (21) years of age.
(2) A person who violates this section commits a misdemeanor and must be fined up to One Thousand Dollars ($1,000.00).
SECTION 10. Section 13-5-25, Mississippi Code of 1972, is amended as follows:
13-5-25. Every citizen over sixty-five (65) years of age, and everyone who has served as a grand juror or as a petit juror in the trial of a litigated case within two (2) years, shall be exempt from service if the juror claims the privilege. No qualified juror shall be excluded because of any such reasons, but the same shall be a personal privilege to be claimed by any person selected for jury duty. Any citizen over sixty-five (65) years of age may claim this personal privilege outside of open court by providing the clerk of court with information that allows the clerk to determine the validity of the claim.
* * * However, * * * no person who has served as a grand juror or as a petit juror in a trial of a litigated case in one (1) court may claim the exemption in any other court where the juror may be called to serve.
A citizen serving on active duty in the Armed Forces of the United States or the Mississippi National Guard is exempt from service on any jury in any court of Mississippi.
SECTION 11. Section 33-3-11, Mississippi Code of 1972, is amended as follows:
33-3-11. The Adjutant General shall:
(a) Appoint all of the employees of his department and he may remove any of them at his discretion;
(b) Keep rosters of all active, reserve and retired members of the militia of this state, and keep in his office all records and papers required to be kept and filed therein;
(c) Submit to the Governor in each year preceding a regular session of the Legislature a printed detailed report of the transactions of his office, the expenses thereof, and such operations and conditions of the National Guard of this state as may be required by the Governor;
(d) Cause the military law, the regulations of the National Guard of this state and such other military publications as may be necessary for the military service to be distributed at the expense of the state to commands so that all personnel of the National Guard of this state will have access to same;
(e) Keep records on and preserve all military property belonging to the state;
(f) Keep just and true accounts of all monies received and disbursed by him;
(g) Attest all commissions and warrants issued to military officers of this state;
(h) Have a seal;
(i) Make such regulations pertaining to the preparations of reports and returns and to the care and preservation of property in possession of the state for military purposes, whether belonging to the state or the United States, as in his opinion the conditions demand;
(j) Attend the care, preservation, safekeeping, transportation and repairing of the arms, ordnance, accouterments, equipment and all other military property belonging to the state or issued to the state by the government of the United States for military purposes, and keep accurate accounts thereof;
(k) Issue such military property as the necessity of the services require and make purchases for that purpose. No military property shall be issued or loaned, except upon an emergency, to persons or organizations other than those belonging to the National Guard of Mississippi except to such portions of the unorganized militia as may be called out by the Governor;
(l) Keep the reports and returns of troops and all other writings and documents required to be preserved by the state military headquarters;
(m) Keep necessary records attesting to the service of individuals of Mississippi forces for the Spanish American War and all subsequent wars and insurrections. The Adjutant General is authorized to make a determination as to when old records have only historical value, and therefore, transfer them to the Mississippi Department of Archives and History for reference and preservation;
(n) Those records and relics not required for efficient operation of the military department may be turned over to the Department of Archives and History for preservation;
(o) The Adjutant General with the approval of the Governor shall provide for and be responsible for the organization, training, tactical employment, and discipline of the Mississippi National Guard, Mississippi State Guard, and the unorganized militia when called to active state duty.
(p) Assist in carrying out the provisions of House Bill No. ____, 2011 Regular Session.
SECTION 12. Section 33-4-1, Mississippi Code of 1972, is amended as follows:
33-4-1. A special fund to be designated the "Mississippi Military Family Relief Fund" is created in the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. The fund shall consist of any money designated for deposit therein from any source, including, but not limited to, money designated for deposit therein by Section 27-7-94, legislative appropriation and private contributions. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund. Money in the fund shall be under the direction of the Military Department. Such funds shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration, based upon recommendations made by the Adjutant General. Money in the fund shall be utilized to make grants to families that experience a financial hardship as a result of a family member who is a Mississippi resident and a member of the Mississippi National Guard or the Reserves of the Armed Forces of the United States being called to active duty as a result of the September 11, 2001, terrorist attacks. The grants may be used to provide assistance with food, housing, utilities, medical services, basic transportation, child care and other essential family support expenses. The Adjutant General shall establish eligibility requirements for receipt of the grants and the amount of the grants by rule no later than December 31, 2005.
SECTION 13. This act shall take effect and be in force from and after July 1, 2011.