Mississippi Leave of Absence (FMLA) laws & compensation compliance analysis

Mississippi Leave of Absence (FMLA): What you need to know

In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness.
However, Mississippi does not have such a law.
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Public employers. Mississippi provides some family and medical leave protections to its public employees through its personal leave and medical leave laws (MS Code Sec. 25-3-91et seq.).
Personal leave must be used for illnesses of the employee requiring absences of 1 day or fewer. If the employee is absent due to illness for more than 1 day, he or she must use accrued personal or compensatory leave for the first day. Accrued personal or compensatory leave may also be used for an illness in the employee's immediate family. Personal leave may be accrued without limit.
When an employee's absence is due to a work-related injury for which the employee is receiving temporary disability benefits, the injured employee may not use accrued personal and/or medical leave while receiving workers' compensation benefits if the combined receipt of both benefits results in the employee being paid more than his or her wages earned in state employment at the time of the injury (MS Code Sec. 25-3-95).
Major medical leave—state employees. All state employees (except part-time temporary employees of the public universities and persons on full-time educational leave) accrue credits for major medical leave. Part-time employees accrue major medical leave on a pro rata basis. There is no maximum limit to major medical leave accumulation.
Major medical leave may be used for ...

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