Louisiana 2014 2014 Regular Session

Louisiana House Bill HB717 Engrossed / Bill

                    HLS 14RS-848	ENGROSSED
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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. 17:500.2(A)(2)(c), 1202(A) and (E)(1)(a), and 1206.2(A)(2)(c),2
to enact R.S. 17:500.2(A)(2)(d) and 1206.2(A)(2)(d), 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 for5
teachers for certain purposes; to provide definitions; to provide relative to6
requirements for extension of such leave; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1.  R.S. 17:500.2(A)(2)(c), 1202(A) and (E)(1)(a), and 1206.2(A)(2)(c) are9
hereby amended and reenacted and R.S. 17:500.2(A)(2)(d) and 1206.2(A)(2)(d) are hereby10
enacted to read as follows: 11
§500.2.  School bus operators; extended sick leave12
A.13
*          *          *14
(2)  As used in this Section, the following terms shall have the following15
meanings:16
*          *          *17
(c) "Medical necessity" means the result of catastrophic illness or injury, a18
life threatening condition, a chronic condition, or an incapacitating condition, as19
certified by a physician, of a school bus driver or an immediate family member.20 HLS 14RS-848	ENGROSSED
HB NO. 717
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are additions.
(d) "Parent" means the biological parent of a school bus operator or an1
individual who stood in loco parentis to the school bus operator.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	ENGROSSED
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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.15
*          *          *16
(2) As used in this Section the following terms shall have the following17
meanings:18
*          *          *19
(c) "Medical necessity" means the result of catastrophic illness or injury, a20
life threatening condition, a chronic condition, or an incapacitating condition, as21
certified by a physician, of an employee or an immediate family member.22
(d) "Parent" means the biological parent of an employee or an individual23
who stood in loco parentis to the employee.24
*          *          *25
Section 2.  R.S. 17:500.2(E)(1)(b), 1202(E)(1)(b), and 1206.2(E)(1)(b) are hereby26
repealed in their entirety.27 HLS 14RS-848	ENGROSSED
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are additions.
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 relative to the purposes for which a teacher may be granted additional
extended sick leave and provides for the definition of "medical necessity" as it
applies to extended sick leave for teachers, school bus operators, and other school
board employees.
Extended sick leave for teachers, school bus operators, and other school board employees
Present law requires public school boards to permit teachers, school bus operators, and other
school board employees to take up to 90 days of extended sick leave in each six-year period
of employment, which may be used for a "medical necessity" any time that the person has
no remaining regular sick leave balance. Proposed law retains present law.
Additional extended sick leave for teachers
Present law requires school boards to permit a teacher who has been granted maternity leave
and has no remaining extended sick leave balance available to take up to 30 days of extended
sick leave for personal illness relating to the purpose for which the maternity leave was
granted.  Proposed law specifies that these shall be 30 additional days and instead of
requiring that the personal illness be related to such purpose, provides the following
purposes:
(1)Personal illness relating to pregnancy.
(2)Illness of an infant (defined as a child under one year of age).
(3)Required medical visits certified by a physician as relating to infant or maternal
health.
Present law limits the taking of these 30 days to each six-year period of employment.
Proposed law removes the six-year period restriction.
Certification
Present law provides that on every occasion that a school bus driver or other school board
employee uses extended sick leave, a statement from a licensed physician certifying that it
is a medical necessity for him to be absent for at least 10 consecutive work days shall be
presented prior to the extension of such leave.  Proposed law retains present law.
Present law provides that on every occasion that a teacher uses extended sick leave, a
statement from a licensed physician certifying that the leave is either of the following shall
be presented prior to the extension of such leave:
(1)For personal illness related to the purpose for which maternity leave was granted. 
(2)A medical necessity for the teacher to be absent for 10 consecutive work days. HLS 14RS-848	ENGROSSED
HB NO. 717
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are additions.
Proposed law instead requires that such statement certify that the leave is either of the
following:
(1) For personal illness related to pregnancy, illness of an infant, or required medical
visits relating to infant or maternal health.
(2)A medical necessity.
Present law, for the purposes of the required physician's certification, applicable to teachers,
school bus operators, and other school board employees, defines a "medical necessity" as
the result of catastrophic illness or injury, which means a life threatening condition, a
chronic condition, or an incapacitating condition of the person or an immediate family
member. Proposed law defines "medical necessity" as the result of a catastrophic illness or
injury, a life-threatening condition, a chronic condition, or an incapacitating condition of the
employee or a member of his immediate family.  It also broadens the application of this
definition to all present law purposes relative to extended sick leave for such persons and
specifies that such "medical necessity" shall be as certified by a physician.
(Amends R.S. 17:500.2(A)(2)(c), 1202(A) and (E)(1)(a), and 1206.2(A)(2)(c); Adds R.S.
17:500.2(A)(2)(d) and 1206.2(A)(2)(d); Repeals R.S. 17:500.2(E)(1)(b), 1202(E)(1)(b), and
1206.2(E)(1)(b))
Summary of Amendments Adopted by House
Committee Amendments Proposed by 	House Committee on Education to the original
bill.
1. For school bus operators and other school board employees:
(a) Deletes proposed law provisions granting up to 30 additional days of
extended sick leave under certain circumstances and requiring that such
circumstances be certified by a physician.
(b)Restores present law provisions requiring, on every occasion that
extended sick leave is used, a physician's certification that it is a medical
necessity that the person be absent for at least 10 consecutive work days
prior to the extension of such leave.
2. For teachers in special schools: Deletes all proposed law and restores all present
law provisions relative to extended sick leave for these teachers.