3.5.4 Major Medical Leave with Pay

Major medical leave may be used for illness or injury of an employee or members of the employee's immediate family, only after the employee has used one (1) day of personal leave for each absence due to illness, or leave without pay if the employee has no accrued personal leave.

Employees are allowed credit for major medical leave computed based on continuous service at the following monthly and annual rates:

Note: If a summer four (4) day/10 hour work period is in effect, then 10 hours must be used (for a full day absence).

1. Major medical leave may be used, without prior use of personal leave, to cover regularly scheduled visits to a doctor's office or a hospital for the continuous treatment of a chronic disease, as certified in advance by a physician (doctor of medicine, osteopathy, dental medicine, podiatry, or chiropractic).
2. For each absence due to illness of thirty-two (32) consecutive working hours (combined personal leave and major medical leave), major medical leave shall be authorized only when certified by the attending physician.
3. There is no limit to the accumulation of earned major medical leave.
4. Unused major medical leave shall be counted as creditable service for purposes of retirement.
5. An employee may use up to three (3) days of earned major medical leave for each occurrence in any calendar year because of a death in the immediate family requiring the employee's absence from work.  No qualifying time or use of personal leave will be required prior to use of major medical leave for this purpose.  The immediate family is defined as spouse, parent, stepparent, sibling, child, stepchild, grandchild, grandparent, son/daughter-in-law, mother/father-in-law or brother/sister-in-law.
6. Temporary and/or part-time employees who work less than a full work week shall be allowed credit for major medical leave computed on a pro rata basis.

Other University Paid Major Medical Leave Policies:

1. A medical leave shall be granted upon written request and the presentation of a doctor's statement from the employee's physician.  The department chair or director, the dean, the chief administrator of the area, the Department of Human Resources, must approve all requests for medical leave as soon as possible after the employee becomes aware of the necessity of the leave.
2. No employee shall be granted more than a total of twelve (12) weeks of leave for maternity purposes, including major medical leave and personal leave time with or without pay unless certified by a physician to be a medical necessity.
3. Two (2) weeks prior to returning to duty from a medical leave, the employee must furnish his/her department chair or director and the Department of Human Resources with a signed statement from his/her physician certifying that he/she is medically able to return to work.
4. An employee granted a maternity leave who does not return to duty within one week after twelve (12) weeks including major medical leave, leave without pay, and personal leave shall automatically have his/her services terminated.
5. Employees who terminate their services at the University and immediately become employed at another state agency may transfer accumulated personal and major medical leave to the employing agency.
6. When an employee is injured in the course of employment, the employee may use major medical leave time, earned personal leave time or leave without pay to cover the period of absence from duty.  However, such benefits, in addition to workers compensation benefits, cannot exceed the employees wage at the time of injury.
7. An employee will not be paid for unused major medical leave beyond termination of employment or resignation from the University.
8. In case of illness, after all accumulated major medical leave days have been used, an employee may then use accrued personal leave time to continue receiving his/her salary.  When all major medical leave and personal leave time have been used, a request for a leave of absence without pay or a termination of employment must be initiated.
9. If illness occurs which prevents an employee from reporting to work, the employee will notify his/her supervisor or an alternate designated by the supervisor.  This must be done as far in advance as possible, but in no case later than one (1) hour after the time the employee ordinarily reports to work.
10. Any major medical leave in excess of three (3) days duration must be substantiated by a physician's certificate.  If a pattern of personal or medical leave becomes unusual, the employee will be notified in writing of this fact by his/her supervisor.  After such notification, the employee may be required to present a doctor's certificate for each of the next three (3) medical leave absences.
11. An employee on major medical leave shall accrue personal and major medical leave time, but not while on leave without pay.
12. An employee may be disciplined or released for abuse of personal or major medical leave privileges regardless of the amount of unused leave time accrued.
13. When a regular University holiday occurs during a period of personal or major medical leave, only working days will be counted.
14. In counting days absent from work for personal or major medical leave purposes, only working days will be counted.
15. The Department of Human Resources maintains the official personal and major medical leave accruals and usage record on employees.  Use of leave time must be recorded on an Absence Report Form which can be can be downloaded from the Department of Human Resources website.  The form must be signed by both the employee and supervisor and must be submitted to the Department of Human Resources through the appropriate channels within one week after the employee returns to work.  When absence is planned or foreseeable, the supervisor must approve the leave in advance by signing the approval line on the Absence Report Form.

Faculty Medical Leave

It is the responsibility of the department or office head to maintain and certify major medical leave records and administer the leave in accordance with policy.  It is the responsibility of division and department heads to inform those working under them of the leave policy.  An employee who has terminated his/her services and later is re-employed by the institution will begin a new period of employment for leave purposes.  Faculty members employed by the eight (8) public universities on a nine‐month contract shall not be eligible for personal leave. (BT Minutes, 9/90; 1/98)

All employees (faculty, administrators, and staff) of the University shall be covered by the University’s Major Medical Leave Policies.  The University’s Major Medical Leave Policies should be viewed individually and collectively by employees as fringe benefits to assure their salaries for the duration of accumulated sick leave days in case of personal illness and disabilities.

The University’s Major Medical Leave policies for nine-month faculty are as follows:

1. Faculty members on a nine-month contract shall accrue credit for major medical leave computed on the basis of continuous service at the following monthly and annual rates:

2. Major medical leave may be used for illness or injury of an employee, or to cover regularly scheduled visits to a doctor’s office or hospital for the continuing treatment of a chronic disease, as certified in advance by a medical doctor.
3. For each absence due to illness of thirty-two (32) consecutive working hours, major medical leave shall be authorized only when certified by a medical doctor.  It will otherwise constitute as a payroll deduction.
4. There is no limit to the accumulation of earned major medical leave.
5. Upon retirement from active employment, each faculty member on a nine-month contract shall receive credit and be paid for not more than thirty (30) days of unused major medical leave for service as a state employee.  Unused major medical leave in excess of thirty days shall be counted as creditable service for the purpose of retirement (PERS).
6. An employee may use up to three (3) days of earned major medical leave in any calendar year because of death of a loved one requiring the employee’s absence from work.  No qualifying time or use of personal leave will be required prior to use of major medical leave for this purpose.
7. Temporary employees and part-time employees who work less than a full workweek shall be allowed credit for major medical leave computed on a pro-rata basis.
8. No payment will be made for accrued major medical leave unless the employee presents medical evidence that his or her physical condition is such that he or she can no longer work in a capacity with the institution.  In such case, the employee may be paid for not more than one hundred twenty (120) days of earned major medical leave.  

(Miss, Code Ann, Section 25-3-95 (Supp. 1989) (BT Minutes, 9/90; 1/98)