State agencies are authorized to grant paid educational leave on a part-time or full-time basis and/or reimburse employees for educational leave expenses in order for employees to develop job-related skills and to develop employees for higher-level professional and management positions; to prescribe eligibility for such educational leave and expense reimbursement; and, for related purposes. Employees should note that not all State agencies offer educational leave. See Mississippi Code Annotated § 37-101-293.
MSPB is required to approve the form of the contract prepared by the Attorney General and establish a maximum salary amount at which any employee may be paid full compensation while on educational leave and establish a deduction ratio or reduced percentage rate of compensation to be paid to all employees compensated at a salary level above such maximum salary amount. An approved Educational Leave Assistance Contract template may be found at http://www.mspb.ms.gov. The law also stipulates that each agency granting paid educational leave or reimbursing expenses, or both, shall file an annual report with the Legislature detailing for each recipient's position the cost of educational assistance, the degree program, and the school attended. This report, covering the previous fiscal year, shall also be filed with MSPB on or before January 1 of each year. A sample Educational Leave Report may be found at https://www.mspb.ms.gov. See Mississippi Code Annotated § 37-101-293.
A. Procedures Outline Agencies should:
1. Develop internal policies and procedures governing educational leave;2. Identify the job classifications in which they are experiencing demonstrated critical shortages;3. Have educational leave recipients sign a contract, the form of which has been approved by the Attorney General and MSPB; and,4. Forward to MSPB and to the Legislature prior to January 1 of each year a copy of the annual report on the Educational Leave program as required by the statute.B. Eligibility 1. Requirements for All Employees a. Candidates for Educational Leave must have worked at a state agency for three years at the time of application or be working at a State agency at the time of application for part-time graduate level education in a particular profession deemed by the administrative head of the State agency to meet a critical need within the State agency.b. Candidates must agree to enter into a contract with the requesting State agency, which must contain the statutory provisions and regulatory terms and conditions upon which the paid Educational Leave will be granted to the candidate.c. Candidates must attend a college or university located in the State of Mississippi and approved by the head of the agency unless such course of study is not available at a Mississippi college or school.d. Candidates must agree to work as an employee in the same state agency for at least three (3) full years after completion of the course of study or, in the case of employees on educational leave on a part-time basis or receiving reimbursement for educational expenses only, to work for a time prorated based upon the total amount of expenses, including leave, paid for by the agency.2. Additional Requirements for Mental Health Medical Residentsa. Candidates must be medical residents of the University of Mississippi.b. Candidates must be approved by the Department of Mental Health Educational Leave Committee.c. Candidates must meet all obligations established under agreements between the Department of Mental Health and the University of Mississippi and the regulations promulgated by the Board of Mental Health.d. Candidates must fulfill their obligations under this program on an annual pro rata basis for each year on paid educational leave.C. Salaries of Employees on Educational Leave 1. Educational Leave Contract Salary a. The Educational Leave contract shall specify the salary by which Educational Leave recipients shall be compensated.b. MSPB prescribes the maximum salary levels permitted employees on Educational Leave, except for Department of Mental Health Medical Residents. Department of Mental Health Medical Residents may receive a stipend in an amount not to exceed the salary of a medical resident.2. Determination of Maximum Educational Leave Salary a. Employees whose salaries at the time of application are $24,941.40 or less may have their salaries established at the discretion of the appointing authority at any salary up to the current salary at the time of application. The salary established shall be the maximum salary permitted while on Educational Leave.b. Employees whose salaries at the time of application are greater than $24,941.40 may have their salaries established by the appointing authority at any salary up to $24,941.40. Appointing authorities may additionally grant 50% of the difference between $24,941.40 and the current salary. This formula shall establish the maximum salary permitted while on Educational Leave. See the following example:
Current Salary: | $35,711.04 |
Educational Leave Salary: | $24,941.40 |
Difference: | $10,769.64 |
$10,769.64 x 50% = $5,384.82
$5,384.82 + $24,941.40 = $30,326.22 (max. salary on Educational Leave)
c. If any part of a month is spent on Educational Leave, the employee shall be compensated at the Educational Leave salary for that entire month.d. Employees shall be informed of their Educational Leave salary prior to signing the Educational Leave Contract.3. Legislative and Variable Compensation Plan Salary Increases Employees shall be ineligible for salary increases for the time they are on Educational Leave. However, upon the completion of Educational Leave, recipients of Educational Leave shall have their salaries restored by appointing authorities to the level the salary would have been after the addition of any salary increases guaranteed by the Legislature during the period of Educational Leave. No back pay or back award of pay shall be authorized for the time spent on Educational Leave.
D. Educational Programs Which Qualify for Educational Leave Educational Leave shall be granted only to pursue undergraduate and graduate level education. Undergraduate and graduate-level education shall be defined as an educational program:
1. Conducted by a college, university, or school; and2. That awards academic credit upon successful completion of each course.E. Educational Opportunities Which Do Not Qualify for Educational Leave Educational Leave does not apply to educational programs other than those identified above. Educational Leave shall not apply to training conducted, sponsored, or co-sponsored by the requesting agency, MSPB, or other state or federal agencies which offer job-related training of short duration.
F. Equal Educational Opportunity Appointing authorities shall ensure that Educational Leave and training opportunities are accorded all qualified agency employees without unlawful discrimination as to political affiliation, race, color, handicap, genetic information, religion, national origin, sex, religious creed, age, or disability. See Mississippi Code Annotated §§ 25-9-103; 25-9-149.
G. Duration of Educational Leave Unless otherwise terminated, the duration of Educational Leave may be the length of the semester, quarter, or term in which the employee is actually enrolled pursuing his or her designated professional course work; or at the option of the appointing authority, the duration may extend across successive semesters, quarters, or terms, as long as the employee is enrolled and pursuing his or her designated professional course work in each intervening semester, quarter, or term. Agencies shall maintain contemporaneous leave records, which detail those periods an employee uses Educational Leave.
H. Conditions Requiring Termination of Educational Leave Educational Leave may be terminated by the administrative head of the agency based on a variety of reasons, including, but not limited to:
1. Any condition listed in the Educational Leave contract,2. Agency funds constraints,3. Agency reorganization or change in agency mission,4. Agency program changes,5. Agency workload increases or staffing crises,7. Disciplinary action, or8. Failure to make adequate academic progress. Unless otherwise specified in the Educational Leave contract, adequate academic progress shall be defined as maintaining a "B" or better cumulative average. Failure to make adequate academic progress in one term may result in the employee being ineligible for further Educational Leave.
I. Administrative Provisions1. If an Educational Leave candidate will be having his or her salary decreased as a result of Educational Leave, the requesting agency shall submit the action into OSR. Please reference the OSR User Training Workbook located at http://www.dfa.ms.gov or contact your Classification, Compensation, and Recruitment Analyst for more detailed information regarding Educational Leave. The employee's current salary plus any legislative guarantees will continue on the PIN to ensure proper salary projections.2. Any Educational Leave candidate on full-time educational leave shall not accrue personal or major medical leave while on paid educational leave.J. Refer to Mississippi Code Annotated § 37-101-293 for other requirements. These include specific employment obligations in exchange for Educational Leave benefits, repayment obligations and liquidated damages with interest for failure to fulfill the terms of the contract, other legal rights and remedies, and the requirement for annual agency reports to the Legislature on Educational Leave.K. The administrative head of the employing agency shall be responsible for stipulating any other needed contractual provisions, including but not limited to repayment obligations should the employee be separated for cause, failure to make adequate academic progress, disciplinary action, retirement, or other conditions which may result in the failure to meet Educational Leave contractual obligations. If the administrative head of the agency wishes to require the applicant to be employed at the conclusion of their Educational Leave in a specific geographic location, office, or location, then such terms should be addressed in the contract.27 Miss. Code. R. 110-7.4.1