HLS 12RS-1320 ENGROSSED
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Regular Session, 2012
HOUSE BILL NO. 698
BY REPRESENTATIVE ANDERS
STATE EMPLOYEE/LEAVE: Adds compensatory time to the type of leave which may be
transferred for purposes of the Crisis Leave Pool
AN ACT1
To amend and reenact R.S. 42:441(2) and (3), 442, 443(A), (C), (D), and (F), 445(A), and2
447, relative to the state employee leave transfer program; to allow for the donation,3
receipt, and use of compensatory leave; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 42:441(2) and (3), 442, 443(A), (C), (D), and (F), 445(A), and 4476
are hereby amended and reenacted to read as follows: 7
§441. Definitions 8
For the purposes of this Part, the following words and terms, when used in9
this Part, shall have the following meanings: 10
* * *11
(2) "Leave donor" means a full-time employee of an employing agency12
whose voluntary written request for transfer of annual, or sick, or compensatory13
leave to the pool leave account of his employing agency is granted.14
(3) "Leave recipient" means a full-time employee of an employing agency15
who has a personal emergency and is selected to receive annual, or sick, or16
compensatory leave from the pool leave account of his employing agency.17
* * *18
§442. Leave transfer pools; establishment 19
The State Civil Service Commission and the State Police Commission may20
establish a plan for the participation in the leave-transfer program, allowing full-time21
employees to pool their annual, and sick, and compensatory leave and allowing any22 HLS 12RS-1320 ENGROSSED
HB NO. 698
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leave thus pooled to be used by any participating employee for a personal1
emergency, when that employee has used all annual, sick, and compensatory leave2
that has been personally accrued by him.3
§443. Pool leave account; participation; use 4
A. Any full-time employee of an employing agency may request voluntarily,5
in writing, that a specified number of hours of his accrued annual, or sick, or6
compensatory leave or both any combination thereof be transferred from his annual,7
or sick, or compensatory leave account to a pool account the agency establishes to8
distribute leave pursuant to the provisions of this Part.9
* * *10
C. Annual, or sick, or compensatory leave transferred under this Part may11
be substituted retroactively for periods of leave without pay or used to liquidate an12
indebtedness for advanced annual, or sick, or compensatory leave granted.13
D. A leave recipient approved for participation under the pool account may14
use annual, or sick, or compensatory leave from the pool account in the same manner15
for a personal emergency as if the recipient had accrued the leave in the manner16
provided by law, rule, regulation, or policy.17
* * *18
F. Transferred annual, or sick, or compensatory leave from the pool account19
remaining to the credit of a leave recipient when his employment terminates shall not20
be transferred to another employee, included in a lump-sum payment for accrued21
leave, or included in the total service for retirement computation.22
* * *23
§445. Agency procedures 24
A. The employing agency shall monitor the status of the personal emergency25
affecting the leave recipient and establish procedures to ensure that transferred26
annual, or sick, or compensatory leave from the pool is not used after a personal27
emergency ceases to exist.28
* * *29 HLS 12RS-1320 ENGROSSED
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§447. Leave remaining after termination of personal emergency 1
Transferred annual, or sick, or compensatory leave remaining to the credit of2
a leave recipient when the personal emergency terminates must be restored to the3
pool account.4
Section 2. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
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)]
Anders HB No. 698
Abstract: Provides for the donation, receipt, and use of compensatory leave by participants
in the state employee leave transfer program.
Present law authorizes the State Civil Service Commission and the State Police Commission
to establish programs to allow full-time employees to pool certain types of leave and to
allow any leave pooled under present law to be used by any participating employee for a
personal emergency, when that employee has used all annual, sick, and compensatory leave
that has been personally accrued by him. Further establishes procedures and requirements
for, as well as considerations authorized to be taken into account when, granting use of the
pooled leave to an employee. Proposed law retains present law.
Present law authorizes the donation, receipt, and use of annual and sick leave by participants
in the program. Proposed law retains present law and further authorizes the donation,
receipt, and use of compensatory time by participants in the program.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 42:441(2) and (3), 442, 443(A), (C), (D), and (F), 445(A), and 447)