Leave laws in Mississippi protect the interests and well-being of employees who require time off for various reasons, ranging from sick days to jury service, holidays and voting. This article explores both state and federal laws regulating leave in Mississippi.
There are two main kinds of leave: mandatory and non-mandatory, each with their own specific guidelines and requirements. The laws may vary for those working in either the public or private sector.
This Article Covers
Mississippi Required Leave
Mississippi Non-Required Leave
Mississippi Required Leave
There are several types of mandatory leave in Mississippi, including:
1. Family and Medical Leave
- Eligibility: In Mississippi, any employee who has worked for the employer for a year with at least 1,250 work hours is eligible for family and medical leave. Only employers with over 50 employees must adhere to these FMLA regulations.
- Duration: Up to 12 weeks per year; or 26 weeks if an employee needs to care for a spouse, parent, child, or next of kin who is a member of the Armed Forces undergoing medical treatment or therapy, or has a serious injury or health condition.
- Circumstance for Utilizing Leave: Reasons may include caring for themselves or an immediate family member with a serious health condition, caring for a newborn child, or placement for adoption/foster care of a child.
2. Jury Duty Leave
- Eligibility: Employees summoned for jury duty may take jury duty leave.
- Duration: The scheduled and expected duration of the jury service.
- Circumstance for Utilizing Leave: To fulfill jury service when summoned by the court.
3. Military Leave
- Eligibility: Any employee who serves in the US Armed Forces, the National Guard, or a state militia is entitled to take time off work, as per the federal Uniformed Services Employment and Reemployment Act (USERRA).
- Duration: The scheduled and expected duration of the service.
- Circumstance for Utilizing Leave: To serve in active duty in the US Armed Forces, the National Guard, or a state militia.
- Pay: Employees who take military leave are entitled to the same pay increases and benefits they would have received if they’d remained at work.
4. Crime Victim Leave
- Eligibility: Employers who are victims of any criminal activity are entitled to unpaid crime victim leave.
- Duration: Depends on the circumstances of the individual case.
- Circumstance for Utilizing Leave: To participate in legal processes or respond to legal subpoenas.
5. Holiday Leave (Public Employees)
- Eligibility: Public employees can take paid or unpaid leave during public holidays and festivities.
- Duration: For the duration of the official holiday.
- Circumstance for Utilizing Leave: The occurrence of a national or state holiday.
Official state holidays observed in Mississippi include:
| State Official Holidays | Date |
| New Year’s Day | 1 January |
| Martin Luther King Jr. Civil Rights Day | Third Monday in January |
| Washington’s Birthday | Third Monday in February |
| Memorial Day | Last Monday in May |
| Independence Day | 4 July |
| Labor Day | First Monday in September |
| Columbus Day | Second Monday in October |
| Election Day | Every other year |
| Veterans Day | 11 November |
| Thanksgiving Day | Fourth Thursday in November |
| Christmas Day | 25 December |
If you want to know more about the rights of employees in Mississippi, you can read our guides on Your rights as a salaried employee in Mississippi, and Your rights as an hourly employee in Mississippi. You can also learn more about Mississippi Labor Laws through our detailed guide.
Mississippi Non-Required Leave
Not all types of leave in Mississippi are mandatory. Some are left to the employer’s discretion unless otherwise stated in the employment contract. Non-required types of leave include:
1. Sick Leave
There are no state laws mandating employers in Mississippi to provide any form of paid or unpaid sick leave.
2. Vacation Leave
Employers are not required to provide vacation leave, but many choose to do so as part of their company policies.
3. Voting Time Leave
Mississippi employers do not have a legal obligation to provide employees with paid or unpaid leave specifically for the purpose of voting.
4. Bereavement Leave
Employers are not required by law to grant their employees paid or unpaid bereavement leave.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
