HLS 14RS-848 ORIGINAL Page 1 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 Page 2 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 Page 3 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 Page 4 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 717 Page 5 of 7 CODING: Words in struck through type are deletions from existing law; words underscored 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 Page 6 of 7 CODING: Words in struck through type are deletions from existing law; words underscored 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 Page 7 of 7 CODING: Words in struck through type are deletions from existing law; words underscored 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))