HLS 12RS-776 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 192
BY REPRESENTATIVE RICHARD
TEACHERS/LEAVE: Provides relative to extended sick leave for teachers, school bus
operators, and other school employees
AN ACT1
To amend and reenact R.S. 17:500.2(A)(1), (C)(2), and (E)(1), 1202(A)(1), (C)(2), and2
(E)(1), and 1206.2(A)(1), (C)(2), and (E)(1), relative to extended sick leave for3
teachers, school bus operators, and other school employees; to provide relative to the4
duration of such leave, compensation during such leave, and conditions under which5
requests for such leave shall be granted; to remove provisions excepting school6
boards from complying with requirements with respect to extended sick leave during7
certain fiscal years; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:500.2(A)(1), (C)(2), and (E)(1), 1202(A)(1), (C)(2), and (E)(1),10
and 1206.2(A)(1), (C)(2), and (E)(1) are hereby amended and reenacted to read as follows:11
§500.2. School bus operators; extended sick leave12
A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, every13
Every city, parish, and other local public school board shall permit each school bus14
operator to take up to ninety forty-five days of extended sick leave in each six-year15
period of employment, which may be used for personal illness or illness of an16
immediate family member a medical necessity in the manner provided in this17
Subsection Section, at any time that the school bus operator has no remaining regular18
sick leave balance.19
(b) For Fiscal Year 2011-2012 and Fiscal Year 2012-2013, a city, parish, or20
other local public school board may but shall not be required to comply with the21 HLS 12RS-776 ORIGINAL
HB NO. 192
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provisions of Subparagraph (a) of this Paragraph during a fiscal year for which the1
amount of the state and local base per pupil cost determination, as established in the2
minimum foundation program formula most recently approved by the legislature, is3
not an increase of at least two and seventy-five hundredths percent over the amount4
established for the previous fiscal year, and at the beginning of such fiscal year the5
school board has a fund balance deficit that exceeds five percent and an unrestricted6
fund balance of less than seven and one-half percent. However, the school board7
shall honor any approved leave that it approved prior to the date the minimum8
foundation program formula is approved by the legislature.9
(c)(i) Notwithstanding the provisions of Subparagraph (b) of this Paragraph,10
in the case of a catastrophic illness or injury, a school board shall comply with the11
provisions of Subparagraph (a) of this Paragraph.12
(ii) For the purposes of this Subparagraph, "catastrophic illness or injury"13
means a life-threatening, chronic, or incapacitating condition affecting an employee14
or a member of an employee's immediate family, as verified by a licensed physician.15
* * *16
C.17
* * *18
(2) Any school bus operator on extended sick leave shall be paid sixty-five19
fifty percent of the salary paid to him at the time the extended sick leave begins.20
* * *21
E.(1)(a) On every occasion when that a school bus operator uses extended22
sick leave, a statement from a licensed physician certifying that the leave it is23
medically necessary a medical necessity for the school bus operator or that the24
immediate family member's illness is serious and requires the presence of the school25
bus operator to be absent for at least ten consecutive work days shall be presented26
prior to the extension of such leave.27
(b) For the purposes of this Paragraph, a "medical necessity" is the result of28
a catastrophic illness or injury, which means a life-threatening, chronic, or29 HLS 12RS-776 ORIGINAL
HB NO. 192
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are additions.
incapacitating condition of the school bus operator or a member of his immediate1
family.2
* * *3
§1202. Teachers; extended sick leave4
A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, every5
Every city, parish, and other local public school board shall permit each teacher to6
take up to ninety forty-five days of extended sick leave in each six-year period of7
employment, which may be used for personal illness or illness of an immediate8
family member a medical necessity in the manner provided in this Subsection9
Section at any time that the teacher has no remaining regular sick leave balance.10
(b) For Fiscal Year 2011-2012 and Fiscal Year 2012-2013, a city, parish, or11
other local public school board may but shall not be required to comply with the12
provisions of Subparagraph (a) of this Paragraph during a fiscal year for which the13
amount of the state and local base per pupil cost determination, as established in the14
minimum foundation program formula most recently approved by the legislature, is15
not an increase of at least two and seventy-five hundredths percent over the amount16
established for the previous fiscal year, and at the beginning of such fiscal year the17
school board has a fund balance deficit that exceeds five percent and an unrestricted18
fund balance of less than seven and one-half percent. However, the school board19
shall honor any approved leave that it approved prior to the date the minimum20
foundation program formula is approved by the legislature.21
(c)(i) Notwithstanding the provisions of Subparagraph (b) of this Paragraph,22
in the case of a catastrophic illness or injury, a school board shall comply with the23
provisions of Subparagraph (a) of this Paragraph. 24
(ii) For the purposes of this Subparagraph, "catastrophic illness or injury"25
means a life-threatening, chronic, or incapacitating condition affecting an employee26
or a member of an employee's immediate family, as verified by a licensed physician.27
* * *28 HLS 12RS-776 ORIGINAL
HB NO. 192
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C.1
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(2) Any teacher on extended sick leave shall be paid sixty-five fifty percent3
of the salary paid to him at the time the extended sick leave begins.4
* * *5
E.(1)(a) On every occasion when that a teacher uses extended sick leave, a6
statement from a licensed physician certifying that the leave it is medically necessary7
a medical necessity for the teacher or that the immediate family member's illness is8
serious and requires the presence of the teacher to be absent for ten consecutive work9
days shall be presented prior to the extension of such leave.10
(b) For the purposes of this Paragraph, a "medical necessity" is the result of11
a catastrophic illness or injury, which means a life-threatening, chronic, or12
incapacitating condition of the teacher or a member of his immediate family.13
(c) The physician statement required by this Paragraph may be presented and14
the extended sick leave may be requested subsequent to the teacher's return to15
service. In such a case, the extended leave shall be granted for all days for which16
such leave is requested and the required documentation is presented provided the17
leave is requested and the required documentation is presented within three days18
after the teacher returns to service.19
* * *20
§1206.2. Employees; extended sick leave21
A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, every22
Every city, parish, and other local public school board shall permit each employee,23
as defined in R.S. 17:1205, to take up to ninety forty-five days of extended sick leave24
in each six-year period of employment which may be used for personal illness or25
illness of an immediate family member a medical necessity in the manner provided26
in this Subsection Section at any time that the employee has no remaining regular27
sick leave balance.28 HLS 12RS-776 ORIGINAL
HB NO. 192
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are additions.
(b) For Fiscal Year 2011-2012 and Fiscal Year 2012-2013, a city, parish, or1
other local public school board may but shall not be required to comply with the2
provisions of Subparagraph (a) of this Paragraph during a fiscal year for which the3
amount of the state and local base per pupil cost determination, as established in the4
minimum foundation program formula most recently approved by the legislature, is5
not an increase of at least two and seventy-five hundredths percent over the amount6
established for the previous fiscal year, and at the beginning of such fiscal year the7
school board has a fund balance deficit that exceeds five percent and an unrestricted8
fund balance of less than seven and one-half percent. However, the school board9
shall honor any approved leave that it approved prior to the date the minimum10
foundation program formula is approved by the legislature.11
(c)(i) Notwithstanding the provisions of Subparagraph (b) of this Paragraph,12
in the case of a catastrophic illness or injury, a school board shall comply with the13
provisions of Subparagraph (a) of this Paragraph.14
(ii) For the purposes of this Subparagraph, "catastrophic illness or injury"15
means a life-threatening, chronic, or incapacitating condition affecting an employee16
or a member of an employee's immediate family, as verified by a licensed physician.17
* * *18
C.19
* * *20
(2) Any employee on extended sick leave shall be paid sixty-five fifty21
percent of the salary paid to him at the time the extended sick leave begins.22
* * *23
E.(1)(a) On every occasion when an employee uses extended sick leave, a24
statement from a licensed physician certifying that the leave it is medically necessary25
a medical necessity for the employee or that the immediate family member's illness26
is serious and requires the presence of the employee to be absent for at least ten27
consecutive work days shall be presented prior to the extension of such leave. 28 HLS 12RS-776 ORIGINAL
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are additions.
(b) For the purposes of this Paragraph, a "medical necessity" is the result of1
a catastrophic illness or injury, which means a life-threatening, chronic, or2
incapacitating condition of the employee or a member of his immediate family.3
(c) The physician statement required by this Paragraph may be presented and4
the extended sick leave may be requested subsequent to the employee's return to5
service. In such a case, the extended leave shall be granted for all days for which6
such leave is requested and the required documentation is presented provided the7
leave is requested and the required documentation is presented within three days8
after the employee returns to service.9
* * *10
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)]
Richard HB No. 192
Abstract: Provides relative to extended sick leave for teachers, school bus operators, and
other school employees, including provisions concerning duration of leave,
compensation during leave, and conditions required for the granting of such leave.
Present law authorizes teachers, school bus operators, and other school employees to take
a maximum of 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 when the
employee has no remaining regular sick leave balance. Provides that while on extended sick
leave, they shall be paid 65% of the salary paid to them at the time extended sick leave
begins. Requires a statement from a licensed physician certifying that the leave is medically
necessary for the employee or that an immediate family member's illness is serious and
requires the employee's presence.
Proposed law makes the following changes to present law with respect to teachers, school
bus operators, and other school employees:
(1) Changes maximum number of days permitted for extended sick leave in each six-
year period of employment from 90 days to 45 days.
(2) Changes salary percentage paid during extended sick leave from 65% to 50%.
(3) Instead of requiring that the leave is medically necessary for the employee or that the
immediate family member's illness is serious and requires the employee's presence,
requires that it is a medical necessity for the employee to be absent for at least 10
consecutive work days. Defines a "medical necessity" as the result of a catastrophic
illness or injury, which means a life-threatening, chronic, or incapacitating condition
of the employee or a member of his immediate family. HLS 12RS-776 ORIGINAL
HB NO. 192
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law also provides, for FY 2011-2012 and FY 2012-2013, that a local school board
shall not be required to comply with present law relative to extended sick leave for teachers,
school bus operators, and other school employees during a fiscal year for which the amount
of the state and local base per pupil cost determination, as established in the most recent
minimum foundation program (MFP) formula, is not an increase of at least 2.75% over the
amount established for the previous fiscal year and the school board has a fund balance
deficit that exceeds 5% and an unrestricted fund balance of less than 7.5% at the beginning
of the fiscal year; however, requires the school board to honor any leave that it approved
prior to the date the MFP formula is approved by the legislature and requires compliance
with present law in the case of catastrophic illness or injury, defined as a life-threatening,
chronic, or incapacitating condition affecting an employee or a member of an employee's
immediate family, as verified by a licensed physician.
Proposed law deletes present law.
(Amends R.S. 17:500.2(A)(1), (C)(2), and (E)(1), 1202(A)(1), (C)(2), and (E)(1), and
1206.2(A)(1), (C)(2), and (E)(1))