HLS 10RS-1172 ORIGINAL Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 400 BY REPRESENTATIVE PEARSON SCHOOLS/EMPLOYEES: Exempts, under specified fiscal conditions, a local school board from complying with the requirement that the board permit certain employees to take up to 90 days of extended sick leave AN ACT1 To amend and reenact R.S. 17:500.2(A)(1), 1202(A)(1), and 1206.2(A)(1), relative to the2 granting of extended sick leave by a city, parish, or other local public school board3 to certain employees; to provide relative to the requirement that the board permit4 each such employee to take up to ninety days of extended sick leave; to provide5 exceptions to such requirement; to provide an effective date; and to provide for6 related matters.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 17:500.2(A)(1), 1202(A)(1), and 1206.2(A)(1) are hereby amended9 and reenacted to read as follows: 10 §500.2. School bus operators; extended sick leave11 A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, Every12 every city, and parish, and other local public school board shall permit each school13 bus operator to take up to ninety days of extended sick leave in each six-year period14 of employment, which may be used for personal illness or illness of an immediate15 family member in the manner provided in this Subsection at any time that the school16 bus operator has no remaining regular sick leave balance.17 (b) A city, parish, or other local public school board may but shall not be18 required to comply with the provisions of Subparagraph (a) of this Paragraph during19 HLS 10RS-1172 ORIGINAL HB NO. 400 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. a fiscal year for which the amount of the state and local base per pupil cost1 determination for such fiscal year, as established in the minimum foundation2 program formula most recently approved by the legislature, is not an increase of at3 least two and seventy-five hundreths percent over the amount established for the4 previous fiscal year.5 * * *6 §1202. Teachers; extended sick leave7 A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, Every8 parish and every city, parish, and other local public school board shall permit each9 teacher to take up to ninety days of extended sick leave in each six-year period of10 employment, which may be used for personal illness or illness of an immediate11 family member in the manner provided in this Subsection at any time that the teacher12 has no remaining regular sick leave balance.13 (b) A city, parish, or other local public school board may but shall not be14 required to comply with the provisions of Subparagraph (a) of this Paragraph during15 a fiscal year for which the amount of the state and local base per pupil cost16 determination for such fiscal year, as established in the minimum foundation17 program formula most recently approved by the legislature, is not an increase of at18 least two and seventy-five hundreths percent over the amount established for the19 previous fiscal year.20 * * *21 §1206.2. Employees; extended sick leave22 A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, Every23 parish and every city, parish, and other local public school board shall permit each24 "employee", as defined in R.S. 17:1205, to take up to ninety days of extended sick25 leave in each six-year period of employment, which may be used for personal illness26 or illness of an immediate family member in the manner provided in this Subsection27 at any time that the employee has no remaining regular sick leave balance.28 HLS 10RS-1172 ORIGINAL HB NO. 400 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (b) A city, parish, or other local public school board may but shall not be1 required to comply with the provisions of Subparagraph (a) of this Paragraph during2 a fiscal year for which the amount of the state and local base per pupil cost3 determination for such fiscal year, as established in the minimum foundation4 program formula most recently approved by the legislature, is not an increase of at5 least two and seventy-five hundreths percent over the amount established for the6 previous fiscal year.7 * * *8 Section 2. This Act shall become effective upon signature by the governor or, if not9 signed by the governor, upon expiration of the time for bills to become law without signature10 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11 vetoed by the governor and subsequently approved by the legislature, this Act shall become12 effective on the day following such approval.13 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Pearson HB No. 400 Abstract: Exempts, under specified fiscal circumstances, a local school board from complying with statutory requirements that the board permit each teacher, school bus operator, and other employee (who is not a teacher or whose employment does not require the holding of a teacher's certificate or who is not employed as a bus driver) to take up to 90 days of extended sick leave. Relative to teachers, school bus operators, and other employees who are not teachers or whose employment does not require the holding of a teacher's certificate or who are not employed as bus drivers: Present law provides that every city and parish school board shall permit such employees to take up to 90 days of extended sick leave in each six-year period of employment, which may be used for personal illness or illness of an immediate family member in the manner provided by law at any time that the employee has no remaining regular sick leave balance. Proposed law provides that a local school board may but shall not be required to comply with present law provisions relative to permitting extended sick leave during a fiscal year for which the amount of the state and local base per pupil cost determination for such fiscal year, as established in the most recent legislatively approved minimum foundation program formula, is not an increase of at least 2.75% over the amount established for the previous fiscal year. HLS 10RS-1172 ORIGINAL HB NO. 400 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law retains present law other than referencing the exception provided in proposed law. Proposed law also refers to every city, parish, and other local public school board rather than every city and parish school board. Effective upon signature of governor or lapse of time for gubernatorial action. (Amends R.S. 17:500.2(A)(1), 1202(A)(1), and 1206.2(A)(1))