Can a Mississippi university pay a faculty member half-salary on a one-semester sabbatical and full salary for the other semester?

Plain-English summary

The Commissioner of Higher Education asked a faculty-pay structuring question: under § 37-101-183, can a Mississippi public university pay a faculty member up to 50% of annual salary during a one-semester sabbatical, and if the faculty member teaches the other semester, can the university pay the other 50% of annual salary for that working semester, so the faculty member ends up with full annual pay?

The AG read the statute textually. Section 37-101-183 says faculty granted sabbatical leave "may receive and be paid compensation up to the rate of fifty per cent of such person's annual salary," without specifying whether the sabbatical is one or two semesters. So a one-semester sabbatical at half-salary is fine. The statute is silent on what happens during the non-sabbatical semester. The AG read that silence to mean the university could pay the faculty member the remaining 50% as compensation for actual non-sabbatical work, "as long as the time he or she works merits that salary."

A footnote noted that the actual compensation might be subject to the faculty member's employment agreement and to Mississippi Board of Trustees policies, so individual cases would still be governed by those overlays.

In short, the AG read the 50% figure as a cap on sabbatical-leave compensation, not as a cap on the faculty member's total pay for the year. The statute did not prohibit paying the remaining 50% for non-sabbatical work if the time worked merited that salary; the opinion did not create an entitlement to it.

Currency note

This opinion was issued in 2021. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion said for each audience, at the time

For Mississippi university faculty considering a sabbatical

The 2021 opinion clarified that a one-semester sabbatical at up to half of annual salary did not preclude payment of the remaining half for teaching or other university work in the non-sabbatical semester. That payment depended on the time worked meriting it and could be subject to the employment agreement and university and Board policies.

The statute permits sabbaticals of one or two semesters and caps sabbatical-leave compensation at 50% of annual salary in either case.

For university HR and faculty affairs offices

In 2021, the statute did not prohibit a university from paying up to 50% of annual salary during a one-semester sabbatical and the remaining half for merited work in the other semester. The opinion noted these conditions:

• The faculty member meeting the eligibility requirements in § 37-101-183 (six or more consecutive semesters of active service for a one-semester sabbatical; twelve or more for two semesters).
• The university's own policies and the IHL's policies, which could impose additional rules.
• The faculty member's employment agreement.

For the Mississippi Board of Trustees of State Institutions of Higher Learning

The opinion's footnote says pay for non-sabbatical work may be subject to policies of individual universities and the Board. It did not decide how those policies apply to a particular faculty member.

For citizens looking at university budgets

Under § 37-101-183, a faculty member on sabbatical "may receive and be paid compensation up to the rate of fifty per cent of such person's annual salary." The opinion held that the same statute does not bar the university from paying the faculty member the remaining half of annual salary for work actually performed in the non-sabbatical semester.

Common questions

Q: How does a Mississippi faculty sabbatical work statutorily?
A: Section 37-101-183 says faculty are eligible for sabbatical for "professional improvement," for not more than two semesters after twelve consecutive semesters of active service, or not more than one semester after six consecutive semesters of service. Faculty granted sabbatical "may receive and be paid compensation up to the rate of fifty per cent of such person's annual salary." Sick leave doesn't interrupt the active-service count.

Q: Why does the answer matter for compensation structure?
A: The AG read the statute's 50% limit as applying to sabbatical-leave compensation. The statute is silent about pay for work in the other semester, so it does not prohibit paying the remaining half of annual salary when the time worked merits it.

Q: What does "up to" 50% mean?
A: The statute permits sabbatical-leave compensation "up to the rate of fifty per cent" of annual salary. The opinion treats that as a ceiling and does not specify what any particular university must pay.

Q: Could a faculty member earn more than 100% of their annual salary in a sabbatical year?
A: The opinion described paying up to 50% for the one-semester sabbatical and the remaining 50% for the non-sabbatical semester, for a total of the faculty member's full annual salary. It conditioned the non-sabbatical pay on the time worked meriting that salary, and its footnote added that the compensation may also be subject to the individual's employment agreement and to university and IHL Board policies. The opinion did not address any other source of income.

Q: Does the IHL Board have its own sabbatical policy?
A: Yes, and it can be more restrictive than the statute. The footnote in the opinion confirmed that "policies enacted by individual universities and the Mississippi Board of Trustees of State Institutions of Higher Learning" continued to apply. So a faculty member would have to check both the statute and the institutional/system policies.

Q: Are non-faculty academic staff eligible?
A: The quoted statute addresses "members of the faculty of the state institutions of higher learning." The opinion did not address eligibility or leave policies for other employees.

Background and statutory framework

Mississippi Code § 37-101-183 is the principal statutory provision on sabbaticals at Mississippi public universities. It sets eligibility (twelve consecutive semesters for two-semester sabbatical, six for one-semester) and caps compensation at 50% of annual salary during the sabbatical period.

The plain-meaning rule was central to the 2021 opinion. Mississippi follows the standard rule that "all words and phrases contained in the statutes are used according to their common and ordinary acceptation and meaning" (Miss. Code Ann. § 1-3-65). The Mississippi Supreme Court has repeatedly emphasized that statutory interpretation is unnecessary when the language is plain (Pat Harrison Waterway Dist. v. Cty. of Lamar, 185 So. 3d 935, 946 (Miss. 2015)).

The 2017 Smith AG opinion (referenced in this 2021 opinion) had applied the same plain-meaning approach, opining that "the rules of statutory construction need not be considered when the plain language of the statute is clear and unambiguous."

A footnote to the opinion added that any compensation paid for non-sabbatical work "may also be subject to the terms and conditions of that individual's employment agreement, as well as policies enacted by individual universities and the Mississippi Board of Trustees of State Institutions of Higher Learning." The opinion did not address tax treatment, retirement contributions, or outside income.

Citations and references

Statutes:

• Miss. Code Ann. § 1-3-65, words and phrases used according to common meaning
• Miss. Code Ann. § 37-101-183, faculty sabbatical eligibility, term limits, and compensation cap

Cases cited:

• Pat Harrison Waterway Dist. v. Cty. of Lamar, 185 So. 3d 935, 946 (Miss. 2015), no statutory interpretation needed when language is plain

Prior AG opinions cited:

• MS AG Op., Smith (Sept. 29, 2017), application of plain-meaning rule

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2021/04/A.RankinsJr._March-16-2021-University-Sabbatical-Pay.pdf

Original opinion text

March 16, 2021

Dr. Alfred Rankins, Jr.
Commissioner of Higher Education
Mississippi Board of Trustees of State Institutions of Higher Learning
3825 Ridgewood Road, Suite 915
Jackson, Mississippi 39211

Re: University Sabbatical Pay

Dear Dr. Rankins:

The Office of the Attorney General has received your request for an official opinion.

Question Presented

Does Mississippi Code Annotated Section 37-101-183 allow a public Mississippi university to pay a faculty member up to fifty percent of his or her annual salary during a one-semester sabbatical, and if that faculty member teaches the other semester, to pay fifty percent of such facility member's salary for the semester in which they teach?

Brief Response

Yes. The plain language of Section 37-101-183 states that a faculty member granted sabbatical leave may be paid up to fifty percent of his or her annual salary, without regard to whether it is a one-semester or two-semester sabbatical. Nothing in Section 37-101-183 would prohibit a faculty member, who takes a one-semester sabbatical at half-salary, from receiving the other half of his or her salary that year for teaching and/or working at the university.

Applicable Law and Discussion

As an initial matter, opinions of the Attorney General can neither validate nor invalidate past action. Accordingly, our response to your request is prospective in nature only.

Your question essentially has two parts. The first part asks if a public Mississippi university may pay a faculty member up to fifty percent of his or her annual salary during a one-semester sabbatical. We look to the language of the statute, which states, in pertinent part:

> Any members of the faculty of the state institutions of higher learning of the State of Mississippi shall be eligible for sabbatical leaves, for the purpose of professional improvement, for not more than two semesters immediately following any twelve or more consecutive semesters of active service in the institutions of higher learning of this state where such faculty member is employed or for not more than one semester immediately following any six or more consecutive semesters of such service. Absence on sick leave shall not be deemed to interrupt the active service herein provided for.
> ...
> Each person granted sabbatical leave may receive and be paid compensation up to the rate of fifty per cent of such person's annual salary.

Miss. Code Ann. § 37-101-183.

It is well settled that "all words and phrases contained in the statutes are used according to their common and ordinary acceptation and meaning." Miss. Code Ann. § 1-3-65. Just as the Mississippi Supreme Court has stated,[1] we have also opined that "the rules of statutory construction need not be considered when the plain language of the statute is clear and unambiguous." MS AG Op., Smith at *3 (Sept. 29, 2017).

The language of Section 37-101-183 is clear and unambiguous. The plain language provides that any faculty member granted sabbatical leave pursuant to the statute may receive and be paid up to fifty percent of his or her annual salary. Thus, a university is authorized to pay a faculty member up to fifty percent of such faculty member's annual salary for sabbatical leave, whether it is a one- or two-semester sabbatical.

The second part of your question asks: if that faculty member teaches the other semester, may the university pay the remaining fifty percent of his or her annual salary for the semester in which he or she teaches? Section 37-101-183 is silent on compensation for the semester during which the faculty member is not on sabbatical. Thus, there is nothing in the statute that would prohibit a university from paying the remainder of the faculty member's annual salary for the non-sabbatical work the faculty member performs that year as long as the time he or she works merits that salary.[2]

The plain language of Section 37-101-183 informs our opinion that a university may pay a faculty member fifty percent of his or her annual salary during a one-semester sabbatical and that the university is not prohibited from paying the faculty member the remaining fifty percent of that annual salary for the non-sabbatical semester.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,

LYNN FITCH, ATTORNEY GENERAL

By: /s/ Misty Monroe
Misty Monroe
Special Assistant Attorney General

[1] "Before we engage in statutory interpretation, we look to the statute to determine whether interpretation is necessary, that is, whether the language is plain, unambiguous, and in need of no interpretation. If so, we need go no further." Pat Harrison Waterway Dist. v. Cty. of Lamar, 185 So. 3d 935, 946 (Miss. 2015).

[2] Any compensation paid to the faculty member for non-sabbatical work may also be subject to the terms and conditions of that individual's employment agreement, as well as policies enacted by individual universities and the Mississippi Board of Trustees of State Institutions of Higher Learning.