Mississippi Administrative Code
Title 28 - Ports and Airports
Part 305 - Personnel Guidelines, Policies and Procedures
Chapter 4 - Leave and Benefits
Rule 28-305-4.3 - Administrative Leave - FMLA

A. Introduction. The MSPA provides leave according to the Family and Medical Leave Act of 1993 ("FMLA"), which provides for unpaid, job-protected leave to covered employees in certain circumstances.

B. Eligibility. To qualify for FMLA leave, you must:

C. Leave Policy. If eligible, you may take up to 12 or 26 weeks of family or medical leave, whichever is applicable (as explained below), within the relevant 12-month period defined below. While you are on FMLA leave, the MSPA will maintain your group health insurance coverage at the same level and under the same circumstances as when you were actively working, as explained more fully under the section titled, Medical and Other Benefits. Upon returning from approved FMLA leave, you have the right to be restored to the same job or an equivalent position, subject to the terms, limitations and exceptions provided by law.

D. Leave Entitlement. You may take up to 12 weeks of unpaid FMLA leave in a 12-month period, which is defined using a "rolling" method that is measured backward from the date you use any FMLA leave for any of the following reasons:

E. Spouses Employed by the MSPA. Spouses who are both employed by the MSPA and eligible for FMLA leave may be limited in some circumstances. Employees should contact the Human Resources Officer for additional information if they believe they qualify for leave under this particular provision of the Act.

F. Notice of Leave. If your need for FMLA leave is foreseeable, you must give the MPSA at least 30 days' prior written notice. If this is not possible, you must at least give notice as soon as practicable (within one to two business days of learning of your need for leave). Failure to provide such notice may be grounds for delaying FMLA-protected leave, depending on the particular facts and circumstances. Additionally, if you are planning a medical treatment or a series of treatments or you are taking military caregiver leave, you must consult with the MSPA first regarding the dates of such treatment to work out a schedule that best suits the needs of both the employee or the covered military member, if applicable, and the MSPA. Where the need for leave is not foreseeable, you are expected to notify. Please submit a written request, the Human Resources Officer, when requesting leave under the Act.

G. Certification of Need for Leave. The MSPA reserves the right to request a relevant healthcare provider to supply the appropriate medical certification as provided in the Act. Failure by the employee to provide the MSPA requested medical certification in a timely manner may result in denial of FMLA-covered leave until it is provided.

H. Request for Reexamination by the MSPA. The MSPA, at its expense, may require an examination by a second healthcare provider designated by the MSPA. If the second healthcare provider's opinion conflicts with the original medical certification, the MSPA, at its expense, may require a third, mutually agreeable, healthcare provider to conduct an examination and provide a final and binding opinion. The MSPA may require subsequent medical recertification.

I. Reporting While on Leave. If you take leave because of your own serious health condition or to care for a covered relation, you must contact the MSPA on a bi-weekly basis regarding the status of the condition and your intention to return to work. In addition, you must give notice as soon as practicable (within two business days if feasible) if the dates of leave change or are extended or initially were unknown.

J. Leave is Unpaid. FMLA leave is unpaid. You may be required to substitute any accrued and unused sick days/personal days for unpaid FMLA leave as described below:

K. Medical and Other Benefits. During approved FMLA leave, the MSPA will maintain your health benefits as if you continued to be actively employed. If paid leave is substituted for unpaid FMLA leave, the MSPA will deduct your portion of the health plan premium as a regular payroll deduction. If your leave is unpaid, you must pay your portion of the premium. Your healthcare coverage will cease if your premium payment is more than 30 days late. If your payment is more than 15 days late, the MSPA will send you a letter to this effect. If the MSPA does not receive your premium payment within 15 days after the date of this letter, your coverage may cease. If you elect not to return to work for at least 30 calendar days at the end of the leave period, you will be required to reimburse the MSPA for the cost of the health benefit premiums paid by the MSPA for maintaining coverage during your unpaid leave, unless you cannot return to work because of a serious health condition or other circumstances beyond your control.

L. Returning from Leave. If you take leave because of your own serious health condition (except if you are taking intermittent leave), you are required, as are all employees returning from other types of medical leave, to provide medical certification that you are fit to resume work. Otherwise, you will not be permitted to resume work until it is provided.