House Bill 216

AN ACT TO CREATE THE "FAMILIES FIRST UNPAID LEAVE TIME ACT"; TO PROVIDE THAT FULL-TIME AND PART-TIME EMPLOYEES SHALL BE GIVEN UNPAID LEAVE TIME TO PARTICIPATE IN THE EDUCATIONAL OR EXTRACURRICULAR ACTIVITIES OF THE CHILD OF THE EMPLOYEE, TO ACCOMPANY A CHILD OR OTHER FAMILY MEMBER TO ANY MEDICAL APPOINTMENT BY A HEALTHCARE PROFESSIONAL OR TO CARE FOR A SICK CHILD OR FAMILY MEMBER; TO PROVIDE DEFINITIONS; TO PROVIDE THAT CERTAIN NOTICE MUST BE GIVEN TO THE EMPLOYER WHEN AN EMPLOYEE USES THE UNPAID LEAVE TIME; TO PROVIDE THAT NO EMPLOYEE SHALL BE DISCIPLINED FOR USING THE UNPAID LEAVE TIME; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the "Families First Unpaid Leave Time Act."

SECTION 2. The purpose of this act is to ensure that employees in Mississippi can address educational and healthcare needs, as well as the health and safety needs of their family members, particularly their children, by requiring employers to allow employees to take unpaid leave time including time to care for their family members and allow for ease and uniformity of administration for the business community in providing the leave for their employees.

SECTION 3. For purposes of this act, the following words and phrases shall have the meaning described herein, unless the context clearly requires otherwise:

(a) "Child" means a biological, adopted or foster son or daughter, a stepson or stepdaughter, a legal ward, or a son or daughter of an employee who stands in loco parentis to that child.

(b) "Family member" means a child, parent, spouse, mother-in-law, father-in-law, grandparent, grandchild, sibling, aunt, uncle or other member of the employee's household.

(c) "Employer" means any individual or entity that includes any individual, partnership, company, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer.

(d) "Full-time employee" means a person who works at least thirty-five (35) hours per week. "Full-time employee" shall not mean those employees who receive leave under Sections 25-3-91 through 25-3-103.

(e) "Part-time employee" means a person who works at least fifteen (15) hours per week. "Part-time employee" shall not mean those employees who receive leave under Sections 25-3-91 through 25-3-103.

SECTION 4. Employers shall provide at least sixteen (16) hours per year of unpaid leave time, at the employer's discretion, to full-time employees. The employees are encouraged to use the leave time to participate in the educational or extracurricular activities of the child of the employee, to accompany a child or other family member to any medical appointment by a healthcare professional or to care for a sick child or family member. Such leave shall be in addition to any paid or unpaid leave the full-time employee receives as of the effective date of this act. Except in emergency situations or other unforeseeable situations, the employee shall provide ten (10) days notice to the employer in advance of the use of the unpaid leave time and shall make a reasonable effort to schedule the use of the unpaid leave time in a manner that does not unduly disrupt the operations of the employer. No employee shall be laid off, written up, reprimanded, demoted, transferred or otherwise disciplined or punished for using any of the unpaid leave time provided in this section.

SECTION 5. Employers shall provide at least eight (8) hours per year of unpaid leave time, at the employer's discretion, to part-time employees. The employees are encouraged to use the leave time to participate in the educational or extracurricular activities of the child of the employee, to accompany a child or other family member to any medical appointment by a healthcare professional or to care for a sick child or family member. Such leave shall be in addition to any paid or unpaid leave the part-time employee receives as of the effective date of this act. Except in emergency situations or other unforeseeable situations, the employee shall provide ten (10) days notice to the employer in advance of the use of the unpaid leave time and shall make a reasonable effort to schedule the use of the unpaid leave time in a manner that does not unduly disrupt the operations of the employer. No employee shall be laid off, written up, reprimanded, demoted, transferred or otherwise disciplined or punished for using any of the unpaid leave time provided in this section.

SECTION 6. This act shall take effect and be in force from and after July 1, 2021.