Mississippi Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)
⚠️Informational only — not legal or tax advice.
Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of Mississippi, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- Quick Reference — Mississippi Paid Leave Snapshot
- Paid Sick Leave in Mississippi
- Paid Family & Medical Leave in Mississippi
- Maternity, Paternity & Parental Leave in Mississippi
- Federal FMLA in Mississippi
- Other Protected Leave Categories in Mississippi
- 2025–2026 Updates & Recent Legislative Changes in Mississippi
- How to File a Leave-Related Complaint in Mississippi
- Interstate Considerations for Remote Workers in Mississippi
- Frequently Asked Questions
- Sources & Verification Log
Introduction
Mississippi does not mandate paid sick leave for private-sector employers under state law. Mississippi has no state-funded paid family and medical leave program. At the federal level, the Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. Effective January 1, 2026, Mississippi enacted the State Employees Paid Parental Leave Act (HB 1063), which provides paid parental leave exclusively to state government employees; private-sector workers are not covered. This page compiles current requirements from the Mississippi Department of Employment Security, the Mississippi State Personnel Board, and the U.S. Department of Labor.
For related Mississippi workplace obligations, see the Mississippi employment law overview and Mississippi unemployment benefits.
Quick Reference — Mississippi Paid Leave Snapshot
| Mississippi Paid Leave Snapshot (2026) | |
|---|---|
| Category | Status |
| Mandatory Paid Sick Leave | No — No state statute requires private employers to provide paid sick leave |
| Governing Statute | No active paid sick leave statute for private employers |
| Administering Agency | Mississippi Department of Employment Security (MDES) |
| Covered Employers | No state mandate for private employers |
| Eligible Employees | No state mandate for private employees |
| Accrual Rate | No state mandate |
| Annual Cap | No state mandate |
| Paid Family & Medical Leave Program | No — No state PFML program for private-sector workers |
| PFML Program Name | N/A — Federal FMLA Only (private sector) |
| PFML Weekly Benefit (Maximum) | N/A |
| PFML Duration | N/A |
| State Employee Paid Parental Leave | Yes — 8 weeks (primary caregiver) / 2 weeks (secondary caregiver), state employees only, effective January 1, 2026 (HB 1063) |
| FMLA Applies | Yes (Federal baseline — 29 U.S.C. § 2601 et seq.) |
| Information Current As Of | March 2026 |
Paid Sick Leave in Mississippi
Mississippi does not require private employers to provide paid sick leave. No statewide statute mandates that private-sector employers offer paid or unpaid sick leave beyond FMLA protections. Whether sick leave is provided to private-sector workers in Mississippi depends entirely on employer policy or the terms of an individual employment contract.
State employees are covered by a separate, statutory major medical (sick) leave system under Miss. Code Ann. §§ 25-3-91 et seq. Full-time state employees accrue major medical leave each month based on length of service, and this leave may be used for personal illness or the illness of an immediate family member. (Mississippi Department of Finance and Administration — HR Leave) This system applies only to state government workers and creates no obligations for private employers.
Local ordinances: As of March 2026, no Mississippi municipality has enacted a local paid sick leave ordinance. The Mississippi legislature has not enacted a statewide preemption statute on local paid leave ordinances, though no city-level requirements are currently in effect. Bill tracking for any proposed local or state legislation is available through the Mississippi Legislature.
Paid Family & Medical Leave in Mississippi
Mississippi does not operate a state-funded paid family and medical leave program for private-sector workers. No state statute creates a payroll-contribution-funded insurance benefit for bonding, family caregiving, or an employee’s own serious health condition. Private-sector workers in Mississippi who need extended family or medical leave rely on the federal FMLA (Section 4 below) and any employer-provided benefits, such as short-term disability insurance or voluntary paid time off policies.
Mississippi’s only paid family leave program is the State Employees Paid Parental Leave Act (HB 1063), effective January 1, 2026, which is limited to state government employees and is described in Section 3B below. Neighboring states such as Illinois maintain state paid leave frameworks that may apply to employees working remotely from those jurisdictions — see Illinois paid leave laws for comparison.
Maternity, Paternity & Parental Leave in Mississippi
How Long Is Maternity Leave in Mississippi?
For private-sector employees, Mississippi maternity leave duration is governed by federal law. Eligible employees at covered employers receive up to 12 workweeks of unpaid, job-protected leave per year under the federal FMLA (29 U.S.C. § 2612), covering the birth of a child, adoption, foster care placement, and pregnancy-related serious health conditions. (U.S. DOL FMLA) Mississippi has no state-funded paid family leave program and no state pregnancy disability or temporary disability insurance program that extends leave duration for private-sector workers beyond the FMLA baseline.
State employees receive more generous protections. Under HB 1063, effective January 1, 2026, state employees who are the primary caregiver of a child receive 8 weeks of fully paid parental leave following birth or adoption. Secondary caregivers receive 2 weeks of fully paid parental leave. This leave must be taken within 12 weeks of the qualifying event and runs concurrently with FMLA leave. (Mississippi State Personnel Board — Paid Parental Leave) State employees may additionally access major medical leave for pregnancy-related health conditions under Miss. Code Ann. §§ 25-3-91 et seq.
Is Maternity Leave Paid in Mississippi?
For private-sector workers, Mississippi maternity leave is unpaid under both state and federal baseline law. The federal FMLA provides job-protected leave but does not require wage replacement. Mississippi has no state paid family and medical leave program and no state temporary disability insurance (TDI) mandate applying to private employers. Any paid maternity leave received by private-sector workers in Mississippi derives from voluntary employer-provided benefits: employer-sponsored short-term disability insurance, employer-provided PTO or paid leave policies, or voluntary disability coverage purchased by the employee prior to the qualifying event. (U.S. DOL FMLA)
State employees are an exception. HB 1063, effective January 1, 2026, provides 8 weeks of paid parental leave at 100% of regular salary for primary caregivers and 2 weeks for secondary caregivers employed by the State of Mississippi. (Mississippi State Personnel Board — Paid Parental Leave)
Paternity Leave and Parental Leave in Mississippi
For private-sector workers, Mississippi paternity leave rights derive solely from the federal FMLA. Eligible employees — regardless of gender — at covered employers may take up to 12 workweeks of unpaid, job-protected bonding leave following the birth, adoption, or foster placement of a child. (U.S. DOL FMLA) There is no state law for private employers specifically addressing paternity or parental leave; any paid paternity benefit in the private sector is employer-discretionary.
For state employees, HB 1063 provides 2 weeks of paid parental leave at 100% of salary for secondary caregivers — typically, but not exclusively, fathers and non-birthing parents — effective January 1, 2026. This leave runs concurrently with any applicable FMLA leave and must be taken within 12 weeks of the qualifying event. (Mississippi State Personnel Board — Paid Parental Leave)
Federal FMLA in Mississippi
The federal Family and Medical Leave Act (29 U.S.C. § 2601 et seq.) is the primary and dominant source of job-protected leave for Mississippi’s private-sector workers. Because Mississippi has no state-level paid family leave program and no private-sector paid sick leave mandate, Mississippi FMLA rights represent the ceiling of statutory leave entitlement for most private employees. Understanding Mississippi FMLA eligibility, qualifying reasons, and employer obligations is therefore essential to a complete picture of leave rights in the state.
FMLA Coverage and Eligibility
The FMLA applies to the following categories of employers: private-sector employers with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, measured within 75 miles of the employee’s worksite; all public agencies, including federal, state, and local government employers, regardless of employee count; and local educational agencies — public and private elementary and secondary schools — regardless of employee count. (U.S. DOL FMLA)
To be eligible for FMLA leave, an employee must satisfy all three conditions simultaneously: (1) the employee has worked for the covered employer for at least 12 months (not necessarily consecutive); (2) the employee has worked at least 1,250 hours during the 12-month period immediately before the leave begins; and (3) the employee works at a location where the employer has 50 or more employees within a 75-mile radius. (U.S. DOL FMLA) Airline flight crew employees are subject to special hours-of-service eligibility rules.
Qualifying Reasons Under FMLA
FMLA leave in Mississippi may be taken for the following qualifying reasons, up to 12 workweeks in any 12-month period:
- The birth of a child and care for the newborn within the first year of birth
- The placement of a child with the employee for adoption or foster care, within the first year of placement
- Care for an immediate family member — defined as a spouse, child, or parent — who has a serious health condition
- The employee’s own serious health condition that renders the employee unable to perform essential job functions
- A qualifying exigency arising from the covered active duty, or an impending call to covered active duty, of a spouse, child, or parent in the Armed Forces
An eligible employee may also take up to 26 workweeks in a single 12-month period for military caregiver leave — to care for a covered servicemember or covered veteran with a serious injury or illness — if the employee is the servicemember’s child, parent, spouse, or next of kin. (U.S. DOL FMLA)
Intermittent leave is available when medically necessary for a serious health condition or qualifying exigency. Intermittent bonding leave after birth or placement requires employer agreement.
Is FMLA Paid or Unpaid in Mississippi?
FMLA leave is unpaid under federal law. The statute provides job protection and continuation of group health insurance; it does not require employers to pay wages during the leave period. (U.S. DOL FMLA) Mississippi has no state paid family and medical leave program that runs concurrently with FMLA for private-sector workers. Employees may substitute accrued employer-provided paid leave — such as PTO, vacation, or sick time — during Mississippi FMLA leave if the employer’s policy permits or requires substitution, or if the qualifying reason would otherwise permit use of that paid leave under the employer’s policy. The FMLA itself does not create an entitlement to wages; it creates an entitlement to unpaid, job-protected leave with health insurance continuation.
Does FMLA Apply to Small Businesses in Mississippi?
FMLA does not apply to private-sector employers with fewer than 50 employees within a 75-mile radius of the employee’s worksite. (U.S. DOL FMLA) Mississippi has no state family leave law with a lower employer-size threshold. Employees of small Mississippi businesses that do not meet the 50-employee threshold have no statutory entitlement to job-protected family or medical leave beyond what the employer voluntarily provides. The 75-mile radius is measured from the employee’s specific worksite, not the employer’s headquarters, and encompasses all of the employer’s worksites within that geographic area.
FMLA Notice, Certification, and Employer Obligations
Covered employers in Mississippi are required to post the official FMLA notice provided by the U.S. Department of Labor in a conspicuous location accessible to employees and job applicants. (U.S. DOL FMLA) For foreseeable leave, employees must provide at least 30 days’ advance notice; for unforeseeable leave, notice must be provided as soon as practicable. Employers may require medical certification from a healthcare provider to support an FMLA leave request and must allow at least 15 calendar days for the employee to return certification.
During FMLA leave, covered employers must maintain the employee’s group health insurance on the same terms as if the employee had continued working. Upon return from FMLA leave, eligible employees are entitled to restoration to the same position or an equivalent position with equivalent pay, benefits, and working conditions. Retaliation against an employee for exercising FMLA rights is prohibited under 29 U.S.C. § 2615. FMLA complaints are handled by the U.S. Department of Labor Wage and Hour Division — see Section 7.
FMLA Interaction with Mississippi Employment Law
Mississippi is an employment-at-will state. Either party may terminate the employment relationship at any time, for any reason, absent a contract, civil rights violation, or recognized public policy exception. FMLA’s federal job restoration requirements impose specific protections during the leave period that apply independently of Mississippi’s at-will doctrine. Employers with remote workers in multiple states should also review Mississippi overtime laws for related federal FLSA obligations that run alongside FMLA coverage.
Other Protected Leave Categories in Mississippi
Bereavement Leave
Mississippi law does not require private employers to provide bereavement leave. State employees accrue personal leave under Miss. Code Ann. §§ 25-3-91 et seq. that may be used for bereavement purposes, but no mandate applies to private-sector employers. Leave provisions for private workers are determined by employer policy.
Jury Duty Leave
Mississippi law protects employees from discharge for responding to a jury summons or serving on a jury. An employer that terminates an employee for jury service may be subject to civil liability. (Mississippi Code — jury service protections, Miss. Code Ann. § 13-5-23) Employers are not required by state law to pay employees during jury duty absence; pay during jury service is governed by employer policy.
Voting Leave
Mississippi does not have a statute specifically requiring private employers to provide paid or unpaid time off to vote. Mississippi polls are open from 7:00 a.m. to 7:00 p.m. on election day. (Mississippi Secretary of State — Elections) Employees who are unable to vote outside of working hours should review their employer’s voluntary leave policies.
Military Leave
Federal USERRA provides the baseline entitlement to reemployment rights, continuation of health benefits, and anti-discrimination protections for all employees who perform uniformed service. (U.S. DOL USERRA) State employees in Mississippi are additionally entitled to paid military leave under Miss. Code Ann. § 33-1-19, which provides for continuation of pay during qualifying military service periods.
Domestic Violence Leave
Mississippi has no standalone statute requiring private employers to provide leave specifically for domestic violence victims. Federal FMLA may cover leave for serious health conditions resulting from domestic violence. Protections for state employees are addressed through the major medical leave provisions of Miss. Code Ann. §§ 25-3-91 et seq.
2025–2026 Updates & Recent Legislative Changes in Mississippi
What Changed in Mississippi Leave Laws in 2025–2026?
January 1, 2026 — State Employees Paid Parental Leave Act (HB 1063): Mississippi Governor Tate Reeves signed House Bill 1063, establishing the Mississippi State Employees Paid Parental Leave Act, effective January 1, 2026. The act provides 8 weeks of fully paid parental leave for state employees who are primary caregivers of a newly born or adopted child, and 2 weeks of fully paid parental leave for secondary caregivers. Compensation is at 100% of the employee’s regular salary. Leave must be taken within 12 weeks of the qualifying event and may be taken only once within any 12-month period. The act applies to employees of state departments, agencies, and institutions under the Mississippi State Personnel Board; it also authorizes — but does not require — public school districts and community/junior college districts to adopt similar policies. (Mississippi State Personnel Board — Paid Parental Leave; HB 1063, 2025 Regular Session) This benefit does not apply to private-sector employees.
2025 — SB 2022 (Mississippi Sick and Safe Leave Act — Introduced, Not Enacted): Senate Bill 2022 was introduced during the 2025 regular legislative session and would have established a statewide earned paid sick leave requirement for private employers under the Mississippi Department of Employment Security. The bill did not advance to enactment. (SB 2022, 2025 Regular Session)
Pending Legislation
As of March 2026, Mississippi has not enacted paid sick leave or private-sector paid family and medical leave legislation. Current bill tracking is available through the Mississippi Legislature. Legislative status is subject to change; significant changes will be documented in this section upon enactment.
How to File a Leave-Related Complaint in Mississippi
Filing an FMLA Complaint
FMLA complaints are filed with the U.S. Department of Labor, Wage and Hour Division (WHD). Employees who believe their FMLA rights have been violated — including interference with a qualifying leave request, denial of job restoration, or retaliation for exercising FMLA rights — may submit a complaint through the WHD complaint portal: https://www.dol.gov/agencies/whd/contact/complaints.
The WHD’s Jackson, Mississippi District Office serves the state. Office locations and contact information are available through the DOL district office locator at https://www.dol.gov/agencies/whd/contact.
General Mississippi Labor and Employment Complaints
The Mississippi Department of Employment Security (MDES) administers unemployment insurance and certain workforce-related programs: https://mdes.ms.gov/. Discrimination complaints based on protected characteristics — including race, color, national origin, sex, religion, age, or disability — may be filed with the Equal Employment Opportunity Commission (EEOC): https://www.eeoc.gov/filing-charge-discrimination. The Mississippi Department of Finance and Administration handles leave-related matters for state employees: https://www.dfa.ms.gov/hr-leave.
Interstate Considerations for Remote Workers in Mississippi
Mississippi-based employers with remote employees working from other states must comply with paid leave laws in the state where each employee performs work, not where the employer is headquartered. An employer headquartered in Mississippi but with employees working remotely from Illinois, for example, must comply with Illinois paid leave obligations for those workers. See Illinois paid leave laws for details.
Conversely, Mississippi employees working remotely for employers based in states with active PFML programs — such as Colorado or Minnesota — may or may not be covered by those programs, depending on the program’s geographic eligibility rules. Coverage varies by state program; eligibility for multistate remote workers should be verified directly with the relevant state PFML agency.
Mississippi does not operate a state paid leave program and has no reciprocal leave agreements with other states. For a broader overview of multistate employment obligations for remote work arrangements, see Mississippi remote work laws.
Frequently Asked Questions — Mississippi Paid Leave
How does FMLA work in Mississippi?
The federal FMLA provides eligible employees at covered Mississippi employers up to 12 workweeks of unpaid, job-protected leave per year for qualifying family and medical reasons, including the birth or adoption of a child, care for a seriously ill immediate family member, or the employee’s own serious health condition. (U.S. DOL FMLA) Mississippi has no parallel state family leave law for private-sector workers; FMLA is the sole statutory entitlement.
How long is maternity leave in Mississippi?
Private-sector employees at covered Mississippi employers may take up to 12 workweeks of unpaid maternity leave under the federal FMLA. (U.S. DOL FMLA) State employees covered under HB 1063 may receive 8 weeks of fully paid parental leave as primary caregivers, effective January 1, 2026. (Mississippi State Personnel Board — Paid Parental Leave) Mississippi has no state program extending paid leave duration for private-sector workers.
Is maternity leave paid or unpaid in Mississippi?
Mississippi maternity leave is unpaid under federal FMLA for private-sector employees. Mississippi has no state paid family leave program and no state temporary disability insurance program covering private workers. (U.S. DOL FMLA) State employees may access paid parental leave under HB 1063, effective January 1, 2026. Any paid maternity leave for private-sector workers depends on voluntary employer-provided benefits.
Who is eligible for FMLA in Mississippi?
Employees in Mississippi are eligible for FMLA if they have worked for a covered employer for at least 12 months, have accumulated at least 1,250 hours in the 12 months immediately before the leave begins, and work at a location where the employer has 50 or more employees within a 75-mile radius. (U.S. DOL FMLA)
Is FMLA leave paid in Mississippi?
FMLA leave is unpaid under federal law. Mississippi has no state paid family and medical leave program that runs concurrently with FMLA for private-sector workers. Employees may use employer-provided accrued paid leave during FMLA if the employer’s policy allows, but the FMLA itself requires no wage payment. (U.S. DOL FMLA)
Does Mississippi have paid sick leave?
Mississippi does not require private employers to provide paid sick leave. No state statute mandates paid or unpaid sick leave for private-sector workers. Whether employees receive paid sick leave depends entirely on employer policy. (Mississippi Department of Finance and Administration — HR Leave)
Does Mississippi have paid family leave?
Mississippi has no state-operated paid family and medical leave program for private-sector workers. The State Employees Paid Parental Leave Act (HB 1063), effective January 1, 2026, provides paid parental leave only to state government employees. (Mississippi State Personnel Board — Paid Parental Leave)
How many sick days are required in Mississippi?
Mississippi law does not require private employers to provide any minimum number of paid or unpaid sick days. No statewide sick leave mandate applies to private-sector employers or employees. (Mississippi Department of Finance and Administration — HR Leave)
Does FMLA apply to small businesses in Mississippi?
FMLA applies to private-sector employers with 50 or more employees within a 75-mile radius of the employee’s worksite. Employers with fewer than 50 qualifying employees are not covered by federal FMLA. (U.S. DOL FMLA) Mississippi has no state family leave law that extends FMLA-like coverage to smaller employers.
How long is paternity leave in Mississippi?
Eligible fathers and non-birthing parents at covered private Mississippi employers may take up to 12 workweeks of unpaid bonding leave under the FMLA. (U.S. DOL FMLA) State employees who are secondary caregivers may receive 2 weeks of paid parental leave under HB 1063. (Mississippi State Personnel Board — Paid Parental Leave) Private-sector paternity leave beyond FMLA is determined by employer policy.
Can an employer deny paid sick leave in Mississippi?
Mississippi law does not require private employers to provide paid sick leave; employers are not legally obligated to offer it in the first place. If an employer voluntarily offers a sick leave policy, that policy is generally enforceable as written. Denial of leave that would otherwise qualify under federal FMLA may give rise to FMLA interference claims filed with the U.S. DOL Wage and Hour Division. (U.S. DOL FMLA)
Is paid sick leave available to part-time employees in Mississippi?
Mississippi law does not require paid sick leave for full-time or part-time private-sector employees. Whether part-time workers receive paid sick leave depends entirely on the employer’s voluntary policy.
What options exist for paid maternity leave in Mississippi?
Paid maternity leave options for Mississippi private-sector workers are limited to voluntary employer benefits: employer-sponsored short-term disability insurance, employer-provided paid time off or PTO policies, and individually purchased disability insurance held prior to the qualifying event. No state law requires any of these benefits. (U.S. DOL FMLA) State employees may access paid parental leave under HB 1063. (Mississippi State Personnel Board — Paid Parental Leave)
Does Mississippi have a voluntary paid family leave program?
Mississippi has not enacted a voluntary paid family leave insurance framework under the NCOIL model or any comparable state authorization statute. No state program authorizes or structures optional private paid family leave insurance for Mississippi private-sector employers. Employers may independently offer voluntary short-term disability or PTO benefits as part of their compensation packages.
What is the state employee paid parental leave program in Mississippi?
The Mississippi State Employees Paid Parental Leave Act (HB 1063), effective January 1, 2026, provides 8 weeks of fully paid parental leave for state employees who serve as the primary caregiver following the birth or adoption of a child, and 2 weeks of paid leave for secondary caregivers. Compensation is at 100% of the employee’s regular salary. Leave must be used within 12 weeks of the qualifying event and runs concurrently with federal FMLA leave. (Mississippi State Personnel Board — Paid Parental Leave) This benefit does not apply to private-sector workers.
Is there a waiting period before using FMLA leave in Mississippi?
No waiting period applies for FMLA leave once an employee satisfies the eligibility criteria: 12 months of employment with the covered employer and at least 1,250 hours worked during the preceding 12 months. For employer-provided paid sick or leave benefits, any applicable waiting period is determined by the employer’s own policy.
Sources & Verification Log
| Mississippi Paid Leave Laws — Sources & Verification Log | |||
|---|---|---|---|
| Section | Source | URL | Date Verified |
| Sick Leave — No State Mandate (Private) | Mississippi Dept. of Finance and Administration — HR Leave | https://www.dfa.ms.gov/hr-leave | March 2026 |
| State Employee Sick Leave | Mississippi Dept. of Finance and Administration — HR Leave | https://www.dfa.ms.gov/hr-leave | March 2026 |
| State Employee Paid Parental Leave (HB 1063) | Mississippi State Personnel Board | https://www.mspb.ms.gov/employee-resources/mississippi-state-employee-paid-parental-leave | March 2026 |
| HB 1063 — Bill Text | Mississippi Legislature, 2025 Regular Session | https://billstatus.ls.state.ms.us/documents/2025/html/HB/1000-1099/HB1063PS.htm | March 2026 |
| MSPB Policies (FY 2026 Handbook) | Mississippi State Personnel Board | https://www.mspb.ms.gov/state-agency-resources/mspb-policies | March 2026 |
| SB 2022 — Introduced (Not Enacted) | Mississippi Legislature, 2025 Regular Session | https://billstatus.ls.state.ms.us/documents/2025/html/SB/2001-2099/SB2022IN.htm | March 2026 |
| FMLA — All FMLA Sections | U.S. Dept. of Labor — Wage and Hour Division | https://www.dol.gov/agencies/whd/fmla | March 2026 |
| FMLA Complaint Process | U.S. DOL WHD Contact | https://www.dol.gov/agencies/whd/contact/complaints | March 2026 |
| MDES — General Agency Reference | Mississippi Dept. of Employment Security | https://mdes.ms.gov/ | March 2026 |
| Mississippi Legislature | Mississippi Legislature Homepage | https://www.legislature.ms.gov/ | March 2026 |
| Military Leave — USERRA | U.S. DOL Veterans' Employment & Training | https://www.dol.gov/agencies/vets/programs/userra | March 2026 |
| Secretary of State — Elections | Mississippi Secretary of State | https://www.sos.ms.gov/ | March 2026 |