28 Miss. Code. R. 305-4.2 - Military Leave

A. Introduction. The MSPA offers unpaid military leave in accordance with the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA). Military leave without pay is granted when an employee is recalled, inducted or voluntarily enters the Armed Services.

B. Leave with Pay. Employees who are members of the Armed Services are entitled to leave with pay up to fifteen (15) working days in any one (1) calendar year if they are required to perform duties with troops at field services, for instruction, for state service, or for annual field training. A copy of the order shall be required by the Port Authority.

C. Leave Without Pay. If an employee uses all of his or her military leave, employees may charge off additional days against annual leave or may take authorized leave without pay.

D. Pay During Pre-Induction Examination Period. Employees are also entitled to leave with pay for the time required to report and be processed for military pre-induction examination.

E. Enlistment. Employees are granted a leave of absence without pay when they enlist or are drafted into the Armed Services of the United States.

F. Continuation of Benefits. An employee may elect to continue health coverage during the military service for up to two (2) years. If the military service is less than 31 days, the employee's premium contribution will remain unchanged. If the military service is for longer than 31 days, then the employee will be required to pay the entire premium. An employee may elect to use any available sick pay, vacation, and personal time during the military service.

G. Reinstatement. An employee on military leave who receives an honorable discharge may be entitled to reinstatement to his or her position or to a position of like seniority, status and pay.

1. Employees reinstated from military service may return with the same seniority, and rights and benefits determined by seniority, that the employee had on the date his or her military service commenced, plus any additional seniority rights and benefits that the employee would have attained if he or she had remained continuously employed. Employees on military leave will be deemed to be on furlough or leave of absence while performing their military service, and their rights and benefits which are not determined by seniority will be the same as employees with similar seniority, status, and pay who are on leave of absence.

2. An employee's rights to reinstatement and benefits when returning from military service are subject to the time limits and other limitations which apply under the USERRA. A copy of honorable discharge or release papers will be required by the Port Authority.

Notes

28 Miss. Code. R. 305-4.2

Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Amended 5/28/2020 Amended 12/3/2020