Mississippi HB 1312: Major medical leave; expand authorized purposes for the use of by state employees.

Bill Text

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To: State Affairs;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2024

By: Representative McLean

HOUSE BILL NO. 1312

AN ACT TO AMEND SECTION 25-3-91, MISSISSIPPI CODE OF 1972, TO 1
DEFINE CERTAIN TERMS FOR THE PURPOSE OF THE LEAVE LAWS FOR STATE 2
EMPLOYEES; TO AMEND SECTION 25-3-95, MISSISSIPPI CODE OF 1972, TO 3
EXPAND THE AUTHORIZED PURPOSES FOR THE USE OF MAJOR MEDICAL LEAVE 4
BY STATE EMPLOYEES; TO AMEND SECTION 25-3-93, MISSISSIPPI CODE OF 5
1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED 6
PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 25-3-91, Mississippi Code of 1972, is 9
amended as follows: 10
25-3-91. For purposes of Sections 25-3-91 through 25-3-99, 11
the following words and terms shall have the meaning described 12
herein, unless the context requires otherwise: 13
(a) "Appointing authority" * * * means such person, 14
agency or authority authorized by law to employ individuals in 15
state government, but shall not include the Board of Directors of 16
the Mississippi Industries for the Blind. 17
(b) "Catastrophic injury or illness" means a 18
life-threatening injury or illness of an employee or a member of 19
an employee's immediate family which totally incapacitates the 20

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employee from work, as verified by a licensed physician, and 21
forces the employee to exhaust all leave time earned by that 22
employee, resulting in the loss of compensation from the state for 23
the employee. Conditions that are short-term in nature, 24
including, but not limited to, common illnesses such as influenza 25
and the measles, and common injuries, are not catastrophic. 26
Chronic illnesses or injuries, such as cancer or major surgery, 27
which result in intermittent absences from work and which are 28
long-term in nature and require long recuperation periods may be 29
considered catastrophic. 30
(c) "Domestic violence" has the meaning as defined in 31
Section 97-3-7. 32
( * * *d) "Employee" means a person appointed to a 33
position in the state service or nonstate service as defined in 34
Section 25-9-107, for which he or she is compensated on a 35
full-time permanent or provisional basis, a temporary basis, or a 36
part-time basis. However, in order for an employee to be eligible 37
to receive donated leave, the employee must meet the requirements 38
provided in Section 25-3-95(8). 39
(f) "Family member" means: 40
(i) Regardless of age, a biological, adopted or 41
foster child, stepchild or legal ward, a child of a domestic 42
partner, a child to whom the employee stands in loco parentis, or 43
an individual to whom the employee stood in loco parentis when the 44
individual was a minor; 45

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(ii) A biological, foster, stepparent or adoptive 46
parent or legal guardian of an employee or an employee's spouse or 47
domestic partner or a person who stood in loco parentis when the 48
employee or employee's spouse or domestic partner was a minor 49
child; 50
(iii) A person to whom the employee is legally 51
married under the laws of any state, or a domestic partner of an 52
employee as registered under the laws of any state or political 53
subdivision; 54
(iv) A grandparent, grandchild or sibling (whether 55
of a biological, foster, adoptive or step relationship) of the 56
employee or the employee's spouse or domestic partner; or 57
(v) A person for whom the employee is responsible 58
for providing or arranging health or safety-related care, 59
including, but not limited to, helping that individual obtain 60
diagnostic, preventive, routine or therapeutic health treatment or 61
ensuring the person is safe following domestic violence, sexual 62
assault or stalking. 63
(g) "Health care professional" means any person 64
licensed under federal or state law to provide medical or nursing 65
services, including, but not limited to, doctors and nurses. 66
( * * *h) "Workday" * * * means a day as defined in 67
Section 25-1-98. 68

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( * * *i) "Temporary employment" means the employment 69
of a person in a temporary or time-limited position not to exceed 70
twelve (12) months. 71
( * * *j) "Part-time employment" means the employment 72
of a person in a part-time position. 73
(k) "Sexual assault" has the same meaning "sexual 74
battery" as defined in Section 97-3-95. 75
(l) "Stalking" has the meaning as defined in Section 76
97-3-107. 77
SECTION 2. Section 25-3-95, Mississippi Code of 1972, is 78
amended as follows: 79
25-3-95. (1) All employees and appointed officers of the 80
State of Mississippi, except employees of the public universities 81
who do not contribute to the Mississippi Public Employees' 82
Retirement System or the State Institutions of Higher Learning 83