Mississippi Leave Laws




Vacation Leave

Mississippi has no laws requiring employers to provide employees with vacation benefits, either paid or unpaid. Mississippi’s Legislature and its courts are silent regarding any obligation an employer may have regarding vacation leave, including whether an employer must pay an employee accrued vacation leave upon separation from employment. Due to the silence of Mississippi authorities on the matter of vacation leave, it is likely employer’s are free to establish the vacation leave policy of their choosing. An employer would be required to comply with the terms of a valid employment contract containing vacation leave provisions.




Sick Leave

Mississippi law does not require employers to provide employees with sick leave benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract.

An employer in Mississippi may be required to provide an employee unpaid sick leave in accordance with the Family and Medical Leave Act or other federal laws.



Holiday Leave

Mississippi law does not require private employers to provide employees with either paid or unpaid holiday leave. In Mississippi, a private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.

State holidays

Visit our Mississippi State Holidays page for a list of holidays recognized and observed by the state of Mississippi as well as information regarding state laws governing holiday leave for public employers and employees.



Jury Duty Leave

An employer is not required to pay an employee any wages for time spent complying with a jury summons or serving on a jury.

An employer may not persuade or attempt to persuade any employee to avoid jury service or discharge, intimidate, threaten or otherwise subject an employee to an adverse employment action as a result of jury service if the employee notifies the employer he or she has been summoned to serve as a juror within a reasonable period of time after receiving a summons.

An employer may not require or request an employee to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or time spent actually serving on a jury. Mississippi Stat. 13-5-35



Voting Leave

Mississippi does not have a law which requires an employer to grant its employees leave, either paid or unpaid, to vote.



Bereavement Leave

Mississippi law does not require employers to provide employees bereavement leave or leave to attend funerals. Bereavement leave is leave that is taken by an employee due to the death of another individual, usually a close relative. Employers may choose to provide bereavement leave and may be required to comply with any bereavement policy or practice they maintain.