Q.        What determines why an employee (position) is non-state service?

A.        Section 25-9-107 (c ), Mississippi Code of 1972, Annotated, lists which positions within Mississippi State Government shall be designated as non-state service.   This list includes, but is not limited to, part-time and time-limited positions, as well as, “top level positions if the incumbents determine and publicly advocate substantive program policy and report directly to the agency head, or the incumbents are required to maintain a direct confidential working relationship with a key excluded official”.


Also included are employees who have not completed the 12-month probationary period in a state service position.


NOTE:            Part-time positions are those where the employee works less than 40 hours a week, 12 months a year.


Time-limited positions are those that are typically funded through a federal grant and whose length of employment has been determined to be time-limited in nature.  They are subject to be deleted once the funding is discontinued.


Q.        What are the differences between a state service employee and a non-state employee?

A.        Non-state service employees do not have a statutory property right to their positions and may be terminated with or without cause by the appointing authority of their agency.  A statutory property right to a state service position entitles the employee to a right of continued employment in a state service position of equal pay, and this entitlement may not be taken away or adversely affected except through due process or Legislative action.


      Employees hired into non-state service positions are not required to be hired from a Certificate of Eligibles.


Those employees designated non-state service because of their reporting relationship to a key excluded official can be paid up to 25% above the starting salary of their positions because of their non-state service designation.





Q.        Can Personal Leave and Major Medical Leave be transferred between State Agencies and the in-state colleges?

A.        Section 25-3-97(5), Mississippi Code of 1972, Annotated, states that, “All accrued leave, both major medical and personal leave, earned by employees shall be transferable between or among any and all state agencies, junior colleges, and senior colleges”.


NOTE:            Compensatory leave is not transferable.


Q.        Is there a maximum amount of Leave a person can use in anticipation of retirement?

A.        An Attorney General’s Opinion dated September 2, 1992, states, “When an employee is no longer performing any work for an agency and has no plan or intention to return to work but is merely exhausting his personal leave before formally resigning his position, termination of employment as used in Section 25-3-93 (4), Mississippi Code of 1972, Annotated, has effectively occurred as of the date he last worked.   Such an employee would be entitled to receive payment for not more than thirty (30) days of accumulated leave.  All other leave shall be counted as creditable service for retirement purposes”.


Q.        Is a Great Grandparent considered an immediate family member in regard to the use of Major Medical Leave?

A.        Section 25-3-95 (3), Mississippi Code of 1972, Annotated, defines the immediate family as a, “spouse, parent, stepparent, sibling, child, stepchild, grandchild, grandparent, son- or daughter-in-law, mother- or father-in-law or brother- or sister-in-law.” Great Grandparent is not included and therefore, major medical leave cannot be used in the case of illness or death of a Great Grandparent.





Q.        Does an employee have to take leave to participate in the Grievance Process?

A.        No, however, an aggrieved employee must continue to perform their assigned job duties while at work and the employee must take personal leave for time spent offsite discussing the matter with legal representation and/or representatives from other agencies.


Q.        What do I do if my immediate supervisor/second or third level manager/agency head doesn’t respond to my grievance within the specified time limit?


A.        If the supervisor, appointing authority, or designee does not answer the grievance within the specified time limit, the employee may elect to treat the grievance as denied at that step and immediately appeal the grievance

to the next step.  Time limits on each step may be extended by mutual written agreement of the parties involved.





Q.        How many paid Holidays do State Employees receive each year?

A.        State employees receive regular pay for ten (10) legal holidays and for any other day proclaimed as a holiday by the Governor or the President of the United States.


Q.        How should paid Holidays be administered for individuals not scheduled to work on those days?

A.        Each state employee should receive regular pay for eight (8) hours for ten (10) legal holidays and any other day proclaimed as a holiday by the Governor or the President of United States.  If an employee is scheduled to work on one of the legal holidays, he should be allowed to take his holiday another day.


Q.        How should paid Holidays be administered for individuals in part-time positions?

A.        Legal holidays should be pro-rated for part-time employees.


Q.        Does an employee have to work the day before and/or the day after a holiday to get paid for that holiday?

A.        Employees who are in an active pay status on a legal holiday shall be compensated for the holiday.  Active pay status is defined as either physically working or on paid leave the day of a legal holiday, the day immediately preceding a legal holiday, or the day immediately following a legal holiday.





Q.        What types of injuries/illnesses should be approved for Donated Leave?

A.        Those certified by a physician to be catastrophic as defined by state law (e.g. the illness must, among other things, be life threatening).


Q.        Is the 90 day limit on Donated Leave 90 consecutive days or 90 work days?

A.        90 work days (or 720 work hours).  The 90 days equals 720 hours which may be used consecutively or intermittently.


Q.        Does the 90 day limit apply to each employee or to each occurrence of catastrophic illness/injury?

A.        The 90 day limit refers to each catastrophic illness/injury.


Q.        If I have a certified life threatening injury or illness, who may donate leave to me?

A.        Recipient employees of agencies with more than 500 employees may receive donated leave only from donor employees within the same agency.  A recipient employee in an agency with 500 or fewer employees may receive donated leave from any donor employee.