HLS 12RS-1103 ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 811
BY REPRESENTATIVE NORTON
ELECTED OFFICIALS: Requires employers to grant leave to employees who are local
elected officials and provides for the effect of such leave
AN ACT1
To enact Part VII of Chapter 8 of Title 42 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 42:450.41, relative to certain local elected officials; to require that3
public and private employers grant leave to attend meetings necessitated by public4
office to certain local elected officials; to provide relative to the effect of such leave5
for other purposes, including certain benefits; to provide for legislative findings and6
intent; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Part VII of Chapter 8 of Title 42 of the Louisiana Revised Statutes of9
1950, comprised of R.S. 42:450.41, is hereby enacted to read as follows: 10
PART VII. PUBLIC SERVICE LEAVE OF ABSENCE11
ยง450.41. Local elected officials; certain leave of absence required12
A. The legislature finds that it is in the general public interest to encourage13
participation in elected public service by persons from all walks of life and all14
socioeconomic circumstances; that the opportunity to participate in elected public15
service should be available to all citizens; and that a citizen should not have to be16
independently wealthy, self-employed, or retired in order to have the opportunity to17
serve in elected public office. This Part is enacted to encourage such elected public18
service.19
B. Any public or private employer who employs a person elected to local20
public office shall grant such employee leave from regular employment to attend21
meetings for which his attendance is required by reason of the official duties of his22 HB NO. 811
HLS 12RS-1103 ORIGINAL
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
elected public office. Such leave may be without pay, with pay, or made up with1
other hours worked, as agreed between the employer and employee. When such2
leave is without pay, the employer shall make an effort to allow the employee to3
make up the time with other hours worked.4
C. Notwithstanding any leave granted as provided in this Section, the period5
of employment during which such leave occurs shall be treated by the employer and6
any third party as a period of continuous employment for which the employee shall7
receive full credit as service for the purpose of any pension, retirement or retired pay,8
annuity, or other similar periodic payment plan based upon the employee's service9
in employment. Such leave shall not be considered a break in service for any10
purpose and shall not result in any loss of seniority, accrued leave, efficiency rating,11
or any other accrued benefit. Such leave shall not result in any loss of eligibility for12
or reduction in any healthcare benefits other than as provided by policies applicable13
to other employees on paid or unpaid leave, whichever the elected local public14
official and his employer agree he shall be granted.15
D. For purposes of this Section, "local public office" shall include a member16
of a municipal or parish governing authority or a school board, or the chief executive17
officer of a municipality or parish, provided such office is filled by election by the18
voters.19
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)]
Norton HB No. 811
Abstract: Requires employers to grant leave to employees who are local elected officials
and provides for the effect of such leave.
Proposed law requires that a leave of absence be granted by any public or private employer
who employs certain local elected officials to allow their attendance at meetings for which
their attendance is required by the official duties of public office as follows:
(1)Provides legislative findings that encouraging participation in elected public service
by persons from all walks of life and all socioeconomic circumstances is in the
general public interest; that the opportunity to participate in elected public service
should be available to all citizens; and that a citizen should not have to be HB NO. 811
HLS 12RS-1103 ORIGINAL
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
independently wealthy, self-employed, or retired in order to have the opportunity to
serve in elected public office.
(2)Defines "local public office" as a member of a municipal or parish governing
authority or a school board, or the chief executive officer of a municipality or parish,
provided such office is filled by election by the voters.
(3)Requires a public or private employer who employs a person elected to local public
office to grant such employee leave from regular employment to attend meetings for
which his attendance is required by reason of the official duties of his elected public
office. Such leave may be without pay, with pay, or made up with other hours
worked, as agreed between the employer and employee. Requires the employer to
make an effort to allow the employe e to make up the time, when such leave is
without pay.
(4)Requires that the period of employment during which such leave occurs shall be
treated by the employer and any third party as a period of continuous employment
and that the employee receive full credit as service for the purpose of any pension,
retirement or retired pay, annuity, or other similar periodic payment plan based upon
the employee's service in employment. Prohibits the leave from being considered
a break in service for any purpose resulting in loss of seniority, accrued leave,
efficiency rating, or any other accrued benefit. Further prohibits the leave from
resulting in any loss of eligibility for or reduction in any healthcare benefits other
than what is applicable to other employees on paid or unpaid leave.
(Adds R.S. 42:450.41)