Senate Bill 2038

AN ACT TO AMEND SECTION 25-3-92, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT STATE LAW ENFORCEMENT OFFICERS SHALL BE COMPENSATED FOR OVERTIME WORKED BETWEEN 160 TO 171 HOURS IN A 28-DAY WORK PERIOD; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-3-92, Mississippi Code of 1972, is amended as follows:

25-3-92. (1) (a) 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 or subsection (2) of this section, 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.

(b) Any law enforcement officer, as defined in Section 45-6-3, who has received credit for compensatory leave as a result of working between one hundred sixty (160) and one hundred seventy-one (171) hours in a twenty-eight-day work period shall be compensated for the additional hours worked by (i) receiving paid time off, (ii) being paid at the officer's regular hourly rate, at the time the officer is compensated, or (iii) receiving credit for the time applied to the officer's retirement. If the officer leaves state employment and will no longer be employed with an agency that participates in the Public Employees' Retirement System, the officer shall be compensated under the provisions of (i) or (ii) of this paragraph.

(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 man-made, technological or natural disaster or emergency.

(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 2. This act shall take effect and be in force from and after July 1, 2011.