Mississippi — Leave Laws

Mississippi has not enacted a statewide paid family and medical leave program for private-sector workers. No state statute creates a payroll-funded insurance benefit or employer mandate for bonding, family caregiving, or an employee's own serious health condition. Private-sector employees in Mississippi rely on the federal Family and Medical Leave Act and any voluntary employer-provided benefits for extended leave.

Mississippi law provides paid parental leave only to state employees under the Mississippi State Employees Paid Parental Leave Act (HB 1063, 2024 Reg. Sess.), effective January 1, 2026. The law expressly defines "eligible employee" as an employee of "an agency, department, or institution of the state of Mississippi," and the legislative summary and bill text confirm it covers state employees only. Private-sector workers are not covered by this statute or any other Mississippi law mandating paid leave for family or medical purposes.

Source: Mississippi State Employees Paid Parental Leave Act, HB 1063 (2024), Bill Text, Mississippi Legislature

Mississippi has not enacted a state-level family or medical leave statute that parallels or expands the federal Family and Medical Leave Act (FMLA). The FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons but applies only to employers with 50 or more employees within a 75-mile radius. Employers in Mississippi with fewer than 50 employees are not required by state law to provide job-protected leave for family caregiving, serious health conditions, or parental bonding. Private-sector employees at smaller Mississippi employers must rely on voluntary employer policies or other federal protections.

Source: 29 U.S.C. § 2611(4)(A)(i)

Mississippi requires all employers to provide unpaid, job-protected leave for jury service under Miss. Code Ann. § 13-5-35. The statute prohibits employers from taking adverse employment action against any employee who responds to a jury summons, participates in jury selection, or actually serves on a jury. An employer may not discharge, threaten to discharge, intimidate, or coerce an employee because of jury service.

Prohibition on forced use of accrued leave

Miss. Code Ann. § 13-5-35(2) makes it unlawful for an employer to require or request an employee to use annual leave, vacation leave, or sick leave for time spent responding to a summons for jury duty, participating in the jury selection process, or actually serving on a jury. The statute does not, however, require employers to provide annual, vacation, or sick leave to employees who are not otherwise entitled to such benefits under company policies. In other words, an employer with no PTO policy owes no affirmative obligation to create one for jury service; the prohibition applies only when the employer does maintain a leave bank—in that case, the employer cannot force the employee to draw down accrued balances to cover jury duty absences.

Small-employer automatic postponement

Mississippi provides a limited relief valve for very small employers. Under subsection (4), a court must automatically postpone and reschedule jury service for a summoned juror employed by an employer with five or fewer full-time employees (or their equivalent) if another employee of that same employer has previously been summoned to appear during the same period. This postponement does not count against the employee's one automatic postponement right under Miss. Code Ann. § 13-5-24.

Enforcement and penalties

Any violation of the job-protection or forced-leave-use prohibitions is deemed both interference with the administration of justice and contempt of court, and is punishable as such. Mississippi courts may impose contempt sanctions, which can include fines and imprisonment. Miss. Code Ann. § 13-5-35(3) does not specify the quantum of fines or duration of imprisonment; those sanctions are determined under the court's general contempt authority.

No payment requirement for private employers

The statute does not require private-sector employers to pay employees for time spent on jury duty. Mississippi law requires only unpaid leave and prohibits retaliation and forced use of accrued PTO. (State employees may receive administrative leave with pay under separate provisions that do not extend to private employment.)

Source: Miss. Code Ann. § 13-5-35, via Mississippi Secretary of State (official LexisNexis publication)

Mississippi law provides job protections for employees who are victims of crime or witnesses subpoenaed to testify in criminal proceedings under Miss. Code Ann. § 99-43-45 (part of the Mississippi Crime Victims’ Bill of Rights).

Covered activities

Section 99-43-45 prohibits any employer from dismissing, disciplining, threatening, or penalizing an employee solely because the employee is:

• Subpoenaed or requested by a prosecuting attorney to attend court as a witness in a criminal case;
• Participating in the preparation of a criminal case at the request of a prosecuting attorney;
• Exercising the rights of a crime victim under §§ 99-43-1 et seq. (for example, conferring with the prosecution, being present at court proceedings, or giving a victim impact statement).

Scope of protections

The statute provides both job protection and anti-retaliation safeguards, making it unlawful for the employer to take adverse action against an employee who engages in these protected activities. Dismissal, discipline, threat, or penalty on account of court attendance as a witness or victim is expressly forbidden.

Notice requirements

The statute does not set out a specific employee notice procedure to invoke these protections, but an employee acting under subpoena or a request from the prosecuting attorney is presumptively within the scope of the law. Best practice is for the employee to provide the employer with the subpoena or written request, though the statute itself does not condition protection on formal notice.

Enforcement mechanisms

Violations are subject to civil action. The statute grants an aggrieved employee the right to bring a lawsuit for reinstatement, lost wages and benefits, and other appropriate relief. The circuit court has the power to order injunctive relief, reinstatement, damages, and reasonable attorney's fees to a prevailing employee.

Source: Miss. Code Ann. § 99-43-45, via Mississippi Secretary of State (official LexisNexis publication)