ENROLLED
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ACT No. 849
Regular Session, 2014
HOUSE BILL NO. 1253
BY REPRESENTATIVE NANCY LANDRY
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
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E.12
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(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 Paragraph 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
all costs of the examination and any tests determined to be necessary. If the20
physician selected by the employer challenging party finds medical necessity, the21
leave shall be granted.22 ENROLLEDHB NO. 1253
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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 school bus operator,2
then the employer challenging party may require the school bus operator or the3
immediate family member, as a condition for continued extension of sick leave, to4
be examined by a third licensed appropriate physician whose name appears next in5
the rotation of physicians on a list established by the local medical society for such6
purpose and maintained by the board challenging party. All costs of an examination7
and any required tests by a third doctor shall be paid by the employer. The opinion8
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
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§1202. Teachers; extended sick leave14
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E.16
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(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 Paragraph as the "challenging20
party", may require the teacher or the immediate family member, as a condition for21
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 teacher or the27
immediate family member, then the employer challenging party may require the28
teacher or the immediate family member, as a condition for continued extension of29
sick leave, to be examined by a third licensed appropriate physician whose name30 ENROLLEDHB NO. 1253
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
appears next in the rotation of physicians on a list established by the local medical1
society for such purpose and maintained by the board challenging party. All costs2
of an examination and any required tests by a third doctor shall be paid by the3
employer. The opinion of the third physician shall be determinative of the issue.4
(c) The opinion of all physicians consulted as provided in this Paragraph5
shall be submitted to the board challenging party in the form of a sworn statement6
which shall be subject to the provisions of R.S. 14:125.7
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§1206.2. Employees; extended sick leave9
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E.11
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(2)(a) If the board or superintendent, upon review of the application,13
questions the validity or accuracy of the certification, the employer board or14
superintendent, as the case may be, referred to in this Paragraph as the "challenging15
party", may require the employee or the immediate family member, as a condition16
for continued extended leave, to be examined by a licensed physician selected by the17
employer challenging party. In such a case, the employer shall pay all costs of the18
examination and any tests determined to be necessary. If the physician selected by19
the employer challenging party finds medical necessity, the leave shall be granted.20
(b) If the physician selected by the public school employer challenging party21
disagrees with the certification of the physician selected by the employee or the22
immediate family member, then the employer challenging party may require the23
employee or the immediate family member, as a condition for continued extension24
of sick leave, to be examined by a third licensed appropriate physician whose name25
appears next in the rotation of physicians on a list established by the local medical26
society for such purpose and maintained by the board challenging party. All costs27
of an examination and any required tests by a third doctor shall be paid by the28
employer. The opinion of the third physician shall be determinative of the issue.29 ENROLLEDHB NO. 1253
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(c) The opinion of all physicians consulted as provided in this Paragraph1
shall be submitted to the board challenging party in the form of a sworn statement2
which shall be subject to the provisions of R.S. 14:125.3
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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
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: