Louisiana 2014 2014 Regular Session

Louisiana House Bill HB717 Introduced / Bill

                    HLS 14RS-848	ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 717
BY REPRESENTATIVE HILL
SCHOOLS/EMPLOYEES: Provides relative to extended sick leave for teachers and other
school employees
AN ACT1
To amend and reenact R.S. 17:47(D)(1) and (5), 500.2(A)(1) and (2) and (E)(1), 1202(A)(1)2
and (2) and (E)(1)(a), and 1206.2(A)(1) and (2) and (E)(1)(a) and to repeal R.S.3
17:500.2(E)(1)(b), 1202(E)(1)(b), and 1206.2(E)(1)(b), relative to extended sick4
leave for employees of school boards; to provide for additional such leave for certain5
purposes; to provide definitions; to provide relative to requirements for extension of6
such leave; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 17:47(D)(1) and (5), 500.2(A)(1) and (2) and (E)(1), 1202(A)(1) and9
(2) and (E)(1)(a), and 1206.2(A)(1) and (2) and (E)(1)(a) are hereby amended and reenacted10
to read as follows: 11
§47.  Sick and personal leave12
*          *          *13
D.(1)(a) The superintendent of the Special School District shall permit each14
teacher to take up to ninety days of extended sick leave in each six-year period of15
employment which may be used for personal illness or illness of an immediate16
family member in the manner provided in this Subsection at any time that the teacher17
has no remaining regular sick leave balance.18
(b) Each teacher granted maternity leave in accordance with the provisions19
of R.S. 17:48 or 1211 and who has no remaining sick leave balance available to take20 HLS 14RS-848	ORIGINAL
HB NO. 717
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in the manner provided in this Section shall be granted up to thirty days of additional1
extended sick leave for personal illness relating to pregnancy, illness of an infant, or2
for required medical visits certified by a physician as relating to infant or maternal3
health.4
(c) As used in this Subsection, the following terms shall have the following5
meanings:6
(i) "Child" means a biological son or daughter, an adopted son or daughter,7
a foster son or daughter, a stepson or daughter, or a legal ward of a teacher standing8
in loco parentis to that ward who is either under the age of eighteen, or who is9
eighteen years of age but under twenty-four years of age and is a full-time student,10
or who is nineteen years of age or older and incapable of self-care because of a11
mental or physical disability.12
(ii) "Immediate family member" means a spouse, parent, or child of a13
teacher.14
(iii)  "Parent" means the biological parent of a teacher or an individual who15
stood in loco parentis to the teacher.16
(iv)  "Infant"  means a child under one year of age.17
*          *          *18
(5) On every occasion when that a teacher uses extended sick leave, a19
statement from a licensed physician certifying that the leave is medically necessary20
for the teacher, or that the an immediate family member's illness is serious and21
requires the presence of the teacher, or that the leave is for a required medical visit22
relating to infant or maternal health shall be presented prior to the extension of such23
leave.24
*          *          *25
§500.2.  School bus operators; extended sick leave26
A.(1)(a) Every city, parish, and other local public school board shall permit27
each school bus operator to take up to ninety days of extended sick leave in each six-28
year period of employment, which may be used for a medical necessity in the29 HLS 14RS-848	ORIGINAL
HB NO. 717
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manner provided in this Section, at any time that the school bus operator has no1
remaining regular sick leave balance.2
(b) If a school bus operator exhausts the sick leave available pursuant to the3
provisions of Subparagraph (a) of this Paragraph, such school bus operator shall be4
granted up to thirty days of additional extended sick leave for personal illness related5
to pregnancy, illness of an infant, or for required medical visits certified by a6
physician as relating to infant or maternal health.7
(2) As used in this Section, the following terms shall have the following8
meanings:9
(a) "Child" means a biological son or daughter, an adopted son or daughter,10
a foster son or daughter, a stepson or daughter, or a legal ward of a school bus11
operator standing in loco parentis to that ward who is either under the age of12
eighteen, or who is eighteen years of age but under twenty-four years of age and is13
a full-time student, or who is nineteen years of age or older and incapable of self-care14
because of a mental or physical disability.15
(b) "Immediate family member" means a spouse, parent, or child of a school16
bus operator.17
(c)  "Infant" means a child under one year of age.18
(d)  "Medical necessity" means the result of catastrophic illness or injury, a19
life threatening condition, a chronic condition, or an incapacitating condition, as20
certified by a physician, of a school bus driver or an immediate family member.21
(e) "Parent" means the biological parent of a school bus operator or an22
individual who stood in loco parentis to the school bus operator.23
*          *          *24
E.(1)(a) On every occasion that a school bus operator uses extended sick25
leave, a statement from a licensed physician certifying that it is for a medical26
necessity, a personal illness related to pregnancy, illness of an infant, or for a27
required medical visit relating to infant or maternal health for the school bus operator28 HLS 14RS-848	ORIGINAL
HB NO. 717
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to be absent for at least ten consecutive work days shall be presented prior to the1
extension of such leave.2
*          *          *3
§1202.  Teachers; extended sick leave4
A.(1)  Every city, parish, and other local public school board shall permit:5
(a) Each teacher to take up to ninety days of extended sick leave in each six-6
year period of employment, which may be used for a medical necessity in the7
manner provided in this Section at any time that the teacher has no remaining regular8
sick leave balance.9
(b) Each teacher granted maternity leave in accordance with the provisions10
of R.S. 17:48 or 1211 and who has no remaining sick leave balance available to take11
in the manner provided in this Section up to thirty days of 	additional extended sick12
leave in each six-year period of employment for personal illness relating to13
pregnancy, illness of an infant, or for required medical visits certified by a physician14
as relating to infant or maternal health related to the purpose for which the maternity15
leave was granted.16
(2) As used in this Section the following terms shall have the following17
meanings:18
(a) "Child" means a biological son or daughter, an adopted son or daughter,19
a foster son or daughter, a stepson or daughter, or a legal ward of a teacher standing20
in loco parentis to that ward who is either under the age of eighteen, or who is21
eighteen years of age but under twenty-four years of age and is a full-time student,22
or who is nineteen years of age or older and incapable of self-care because of a23
mental or physical disability.24
(b) "Immediate family member" means a spouse, parent, or child of a25
teacher.26
(c)  "Infant" means a child under one year of age.27 HLS 14RS-848	ORIGINAL
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are additions.
(d)  "Medical necessity" means the result of catastrophic illness or injury, a1
life threatening condition, a chronic condition, or an incapacitating condition, as2
certified by a physician, of a teacher or an immediate family member.3
(e) "Parent" means the biological parent of a teacher or an individual who4
stood in loco parentis to the teacher.5
*          *          *6
E.(1)(a) On every occasion that a teacher uses extended sick leave, a7
statement from a licensed physician certifying that it is for personal illness relating8
to pregnancy, illness of an infant, or for required medical visits related to infant or9
maternal health related to the purpose for which maternity leave was granted or that10
it is a medical necessity for the teacher to be absent for ten consecutive work days11
shall be presented prior to the extension of such leave.12
*          *          *13
§1206.2.  Employees; extended sick leave14
A.(1)(a) Every city, parish, and other local public school board shall permit15
each employee, as defined in R.S. 17:1205, to take up to ninety days of extended sick16
leave in each six-year period of employment which may be used for a medical17
necessity in the manner provided in this Section at any time that the employee has18
no remaining regular sick leave balance.19
(b) If an employee eligible for extended sick leave pursuant to Subparagraph20
(a) of this Paragraph exhausts such sick leave, such employee shall be granted up to21
thirty days of additional extended sick leave for personal illness related to pregnancy,22
illness of an infant, or for required medical visits certified by a physician as relating23
to infant or maternal health.24
(2) As used in this Section the following terms shall have the following25
meanings:26
(a) "Child" means a biological son or daughter, an adopted son or daughter,27
a foster son or daughter, a stepson or stepdaughter, or a legal ward of an employee28
standing in loco parentis to that ward who is either under the age of eighteen, or who29 HLS 14RS-848	ORIGINAL
HB NO. 717
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are additions.
is eighteen years of age but under twenty-four years of age and is a full-time student,1
or who is nineteen years of age or older and incapable of self-care because of a2
mental or physical disability.3
(b) "Immediate family member" means a spouse, parent, or child of an4
employee.5
(c)  "Infant" means a child under one year of age.6
(d)  "Medical necessity" means the result of catastrophic illness or injury, a7
life threatening condition, a chronic condition, or an incapacitating condition, as8
certified by a physician, of an employee or an immediate family member.9
(e) "Parent" means the biological parent of an employee or an individual who10
stood in loco parentis to the employee.11
*          *          *12
E.(1)(a) On every occasion when that an employee uses extended sick leave,13
a statement from a licensed physician certifying that it is for personal illness related14
to pregnancy, illness of an infant, or for required medical visits related to infant or15
maternal health or that it is a medical necessity for the employee to be absent for at16
least ten consecutive work days shall be presented prior to the extension of such17
leave.18
*          *          *19
Section 2.  R.S. 17:500.2(E)(1)(b), 1202(E)(1)(b), and 1206.2(E)(1)(b) are hereby20
repealed in their entirety.21
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)]
Hill	HB No. 717
Abstract: Provides up to 30 additional days of extended sick leave for employees of school
boards to be used for maternal and infant health purposes.
Present law provides that superintendents of special schools and school boards shall permit
their employees (including teachers and school bus operators) to take up to 90 days of
extended sick leave in each six-year period of employment.  Such leave may only be used
when the employee has no remaining regular sick leave balance.  HLS 14RS-848	ORIGINAL
HB NO. 717
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are additions.
Present law provides that for teachers in special schools, such extended sick leave may be
used for personal illness or illness of an immediate family member (defined as a spouse, a
parent, or a child of the teacher). For all other teachers and school board employees, such
extended sick leave may only be used for a medical necessity. 
Proposed law retains present law.
Additional Extended Sick Leave
Present law for teachers in schools other than special schools requires the school board to
permit any such teacher who has been granted maternity leave pursuant to present law an
additional thirty days of extended sick leave for personal illness relating to the purpose for
which the maternity leave was granted. Proposed law authorizes such additional extended
leave to be used only for the following purposes:
(1)Personal illness relating to pregnancy.
(2)Illness of an infant (defined as a child less than one year of age).
(3)Required medical visits certified by a physician as relating to infant or maternal
health.
Present law provides that the period of additional sick leave is limited to one per six-year
period of employment.  Proposed law removes the six-year period restriction.
Proposed law applies this additional extended sick leave for maternal or infant health
provisions to teachers in special schools, school bus operators, and other employees of
school boards. Retains the restriction that such leave may only be used for personal illness
relating to pregnancy, illness of an infant, or for required medical visits certified by a
physician as relating to infant or maternal health.
Certification
Present law provides that prior to the extension of extended sick leave, an employee of a
school board or a special school must present a certification from a licensed physician.
Proposed law retains present law.
Present law provides that for teachers in special schools, the certification must state that the
leave is medically necessary for the teacher or that the illness of an immediate family
member is serious and requires the presence of the teacher. Proposed law further provides
for certification of required medical visits relating to infant or maternal health. Otherwise
retains present law.
Present law provides that for all other school board employees, the certification must state
that there is a "medical necessity" (defined as a life-threatening, chronic, or incapacitating
condition) requiring such teacher or employee to be absent for ten consecutive work days.
Proposed law further provides for certification of personal illness relating to pregnancy,
illness of an infant, or required medical visits relating to infant or maternal health.  Proposed
law repeals the requirement that the condition require absence for ten consecutive work days.
(Amends R.S. 17:47(D)(1) and (5), 500.2(A)(1) and (2) and (E)(1), 1202(A)(1) and (2) and
(E)(1)(a), and 1206.2(A)(1) and (2) and (E)(1)(a); Repeals R.S. 17:500.2(E)(1)(b),
1202(E)(1)(b), and 1206.2(E)(1)(b))