Mississippi State Employees Paid Parental Leave Act

Miss. Code Ann. § 25-3-105, under Salaries and Compensation.

Miss. Code Ann. § 25-3-105

(1) This section shall be known and may be cited as the “Mississippi State Employees Paid Parental Leave Act.”

(2) As used in this section, the following terms shall be defined as provided in this subsection:(a) “Eligible employee” means a person who has been employed by the State of Mississippi or any agency, department or institution of the state for a minimum of twelve (12) consecutive months in a position for which he or she is compensated on a full-time permanent basis and who is the primary caregiver of a child.(b) “Paid parental leave” means the compensated absence from work provided to an eligible employee for any of the following qualifying events:(i) The birth of the employee’s biological child; or(ii) Legal adoption of a child under eighteen (18) years of age.(c) “Primary caregiver” means the parent who has the primary responsibility for the care of a child following the birth or adoption of a child.

(a) “Eligible employee” means a person who has been employed by the State of Mississippi or any agency, department or institution of the state for a minimum of twelve (12) consecutive months in a position for which he or she is compensated on a full-time permanent basis and who is the primary caregiver of a child.

(b) “Paid parental leave” means the compensated absence from work provided to an eligible employee for any of the following qualifying events:(i) The birth of the employee’s biological child; or(ii) Legal adoption of a child under eighteen (18) years of age.

(i) The birth of the employee’s biological child; or

(ii) Legal adoption of a child under eighteen (18) years of age.

(c) “Primary caregiver” means the parent who has the primary responsibility for the care of a child following the birth or adoption of a child.

(3) An eligible employee who is the primary caregiver of a child shall be entitled to receive six (6) weeks (two hundred forty (240) hours) of paid parental leave compensated at one hundred percent (100%) of the employee’s regular salary, to be used to care for the child after the birth or adoption of the child.

(4) The paid parental leave provided under this section must be taken within twelve (12) weeks of the birth or adoption of the child. Paid parental leave may be taken only once in a period of twelve (12) months.

(5) The paid parental leave provided under this section shall be in addition to other leave benefits available to state employees by state or federal law and shall not be counted against accrued personal leave or major medical leave under Sections 25-3-93 and 25-3-95. The paid parental leave shall run concurrently with any leave provided to an eligible employee under the federal Family and Medical Leave Act (FMLA) where applicable. Legal state and federal holidays shall not be counted against the paid parental leave. The paid parental leave shall not be accrued or carried over or used for retirement purposes and is not payable upon separation from state service.

(6) An eligible employee requesting the paid parental leave under this section shall give notice at least thirty (30) calendar days before the anticipated leave start date, where foreseeable, to the employee’s supervisor and human resources manager and shall follow the employer’s usual procedures for notification and documentation. If advance notice of thirty (30) days is not possible due to exigent circumstances, the employee shall notify the employee’s supervisor and human resources manager at the earliest available opportunity and shall follow the employer’s usual procedures in doing so. The use of paid parental leave may be restricted due to public safety concerns, at the discretion of the employee’s agency head.

(7) On July 1, 2026, and every July 1 after, each state agency, department or institution shall submit to the State Personnel Board a report on the use of the paid parental leave provided under this section by the eligible employees of the agency, department or institution for the preceding fiscal year.

(8) The State Personnel Board shall develop and implement policies and procedures necessary to administer the provisions of this section, including, but not limited to:(a) Establishing processes for leave requests for and approvals of taking paid parental leave;(b) Defining documentation requirements to substantiate eligibility for paid parental leave; and(c) Ensuring compliance with applicable state and federal laws.

(a) Establishing processes for leave requests for and approvals of taking paid parental leave;

(b) Defining documentation requirements to substantiate eligibility for paid parental leave; and

(c) Ensuring compliance with applicable state and federal laws.

(9) The board of trustees of any public school district and the board of trustees of any community or junior college district is authorized to adopt a policy, in addition to any other leave policies of the district, to provide for paid parental leave for employees of the district that includes the same or substantially the same provisions as those of the Mississippi State Employees Paid Parental Leave Act.