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Regular Session, 2014
HOUSE BILL NO. 1253
BY REPRESENTATIVE NANCY LANDRY
SCHOOLS/EMPLOYEES: Provides relative to the powers of local public school boards
and superintendents with respect to extended sick leave for school bus drivers,
teachers, and school employees
AN ACT1
To amend and reenact R.S. 17:500.2(E)(2)(a), (b), and (c), 1202(E)(2)(a), (b), and (c), and2
1206.2(E)(2)(a), (b), and (c), relative to powers of local public school boards and3
local superintendents of schools; to provide relative to requirements for extension of4
sick leave for school bus drivers, teachers, and school employees; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:500.2(E)(2)(a), (b), and (c), 1202(E)(2)(a), (b), and (c), and8
1206.2(E)(2)(a), (b), and (c) are hereby amended and reenacted to read as follows:9
§500.2. School bus operators; extended sick leave10
* * *11
E.12
* * *13
(2)(a) If the board or superintendent, upon review of the application,14
questions the validity or accuracy of the certification, the employer board or15
superintendent, as the case may be, referred to in this Section as the "challenging16
party", may require the school bus operator or the immediate family member, as a17
condition for continued extended leave, to be examined by a licensed physician18
selected by the employer challenging party. In such a case, the employer shall pay19 HLS 14RS-2636 REENGROSSED
HB NO. 1253
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all costs of the examination and any tests determined to be necessary. If the1
physician selected by the employer challenging party finds medical necessity, the2
leave shall be granted.3
(b) If the physician selected by the public school employer challenging party4
disagrees with the certification of the physician selected by the school bus operator,5
then the employer challenging party may require the school bus operator or the6
immediate family member, as a condition for continued extension of sick leave, to7
be examined by a third licensed appropriate physician whose name appears next in8
the rotation of physicians on a list established by the local medical society for such9
purpose and maintained by the board challenging party. All costs of an examination10
and any required tests by a third doctor shall be paid by the employer . The opinion11
of the third physician shall be determinative of the issue.12
(c) The opinion of all physicians consulted as provided in this Paragraph13
shall be submitted to the board challenging party in the form of a sworn statement14
which shall be subject to the provisions of R.S. 14:125.15
* * *16
§1202. Teachers; extended sick leave17
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E.19
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(2)(a) If the board or superintendent, upon review of the application,21
questions the validity or accuracy of the certification, the employer board or22
superintendent, as the case may be, referred to in this Section as the "challenging23
party", may require the teacher or the immediate family member, as a condition for24
continued extended leave, to be examined by a licensed physician selected by the25
employer challenging party. In such a case, the employer shall pay all costs of the26
examination and any tests determined to be necessary. If the physician selected by27
the employer challenging party finds medical necessity, the leave shall be granted.28 HLS 14RS-2636 REENGROSSED
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(b) If the physician selected by the public school employer challenging party1
disagrees with the certification of the physician selected by the teacher or the2
immediate family member, then the employer challenging party may require the3
teacher or the immediate family member, as a condition for continued extension of4
sick leave, to be examined by a third licensed appropriate physician whose name5
appears next in the rotation of physicians on a list established by the local medical6
society for such purpose and maintained by the board challenging party. All costs7
of an examination and any required tests by a third doctor shall be paid by the8
employer. The opinion of the third physician shall be determinative of the issue.9
(c) The opinion of all physicians consulted as provided in this Paragraph10
shall be submitted to the board challenging party in the form of a sworn statement11
which shall be subject to the provisions of R.S. 14:125.12
* * *13
§1206.2. Employees; extended sick leave14
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E.16
* * *17
(2)(a) If the board or superintendent, upon review of the application,18
questions the validity or accuracy of the certification, the employer board or19
superintendent, as the case may be, referred to in this Section as the "challenging20
party", may require the employee or the immediate family member, as a condition21
for continued extended leave, to be examined by a licensed physician selected by the22
employer challenging party. In such a case, the employer shall pay all costs of the23
examination and any tests determined to be necessary. If the physician selected by24
the employer challenging party finds medical necessity, the leave shall be granted.25
(b) If the physician selected by the public school employer challenging party26
disagrees with the certification of the physician selected by the employee or the27
immediate family member, then the employer challenging party may require the28
employee or the immediate family member, as a condition for continued extension29 HLS 14RS-2636 REENGROSSED
HB NO. 1253
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of sick leave, to be examined by a third licensed appropriate physician whose name1
appears next in the rotation of physicians on a list established by the local medical2
society for such purpose and maintained by the board challenging party. All costs3
of an examination and any required tests by a third doctor shall be paid by the4
employer. The opinion of the third physician shall be determinative of the issue.5
(c) The opinion of all physicians consulted as provided in this Paragraph6
shall be submitted to the board challenging party in the form of a sworn statement7
which shall be subject to the provisions of R.S. 14:125.8
* * *9
Section 2. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
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)]
Nancy Landry HB No. 1253
Abstract: Provides relative to responsibilities of local public school boards and local public
superintendents of schools with respect to sick leave.
Present law provides for general procedures with respect to sick and personal leave for
school bus operators, teachers, and other school employees. Further provides for an
extension of such leave in certain circumstances. Also provides that such employees shall
be required to present a certificate from a physician selected by the employee certifying the
injury or disability.
Present law in general provides that, if the school board questions the validity or accuracy
of the physician certification provided for in present law, the school board may require the
employee or immediate family member to be examined by a physician selected by the school
board. In such a case, the school board shall pay all costs of the examination and any tests
determined to be necessary. If the physician selected by the school board certifies the injury
or disability, then leave shall be granted. If the physician selected by the school board
disagrees with the certification of the physician selected by the employee, then the school
board may require the employee to be examined by a third physician. All costs of an
examination and any tests required by a third physician shall be paid by the school board.
The opinion of the third physician shall be determinative of the issue. Also requires that the
opinion of all physicians consulted as provided in present law be submitted to the board in HLS 14RS-2636 REENGROSSED
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the form of a sworn statement which shall be subject to the provisions of present law (R.S.
14:125) relative to the crime of false swearing.
Proposed law retains present law except adds that the powers, duties, and responsibilities
granted in present law to a local school board with respect to questioning the validity or
accuracy of such certification, to requiring medical examination, and to physician selection
apply to the board or the local superintendent.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:500.2(E)(2)(a), (b), and (c), 1202(E)(2)(a), (b), and (c), and
1206.2(E)(2)(a), (b), and (c))