Louisiana 2010 Regular Session

Louisiana House Bill HB400 Latest Draft

Bill / Introduced Version

                            HLS 10RS-1172	ORIGINAL
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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
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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
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(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
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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))