Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB172 Engrossed / Bill

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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 172
BY SENATOR CORTEZ 
TEACHERS.  Provides relative to sick leave for teachers and other school employees.
(8/1/14)
AN ACT1
To amend and reenact R.S. 17:1201(C)(1)(a) and (D) and 1206.1(A)(1), relative to sick2
leave for teachers and other school employees; to provide for sick leave as a result3
of assault or battery by a student as it relates to retirement; to provide for worker's4
compensation benefits; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 17:1201(C)(1)(a) and (D) and 1206.1(A)(1) are hereby amended and7
reenacted to read as follows:8
§1201. Amount of sick leave; reimbursement; injury on the job9
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C.(1)(a) Any member of the teaching staff of the public schools who is11
injured or disabled while acting in his official capacity as a result of assault or12
battery by any student or person shall receive sick leave without reduction in pay and13
without reduction in accrued sick leave days while disabled as a result of such assault14
or battery. However, such member of the teaching staff shall be required to present15
a certificate from a physician certifying such injury and disability.  If the member16
of the teaching staff who is receiving sick leave without reduction as described17 SB NO. 172
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
in this Section begins to draw his benefit from the Teachers' Retirement System1
of Louisiana, said leave shall cease on the date of retirement.2
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D.(1) Any member of the teaching staff in the public schools who is injured4
or disabled while acting in his official capacity shall be entitled to weekly wage5
benefits under the worker's compensation law of the state of Louisiana and/or to sick6
leave benefits under Subpart B of Part X of this Chapter, at his option, but in no7
event shall such benefits exceed the total amount of the regular salary the member8
of the teaching staff was receiving at the time the injury or disability occurred.9
(2) In any case in which a member of the teaching staff supplements worker's10
compensation with accumulated or extended sick leave, the amount of sick leave11
used shall be calculated on an hourly basis.12
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§1206.1. School employees; sick leave14
A.(1) Any employee of the parish or city school boards of this state, as the15
word "employee" is defined in R.S. 17:1205, who is injured or disabled while acting16
in his official capacity as a result of assault or battery by any student or person, shall17
receive sick leave without reduction in pay and without reduction in accrued sick18
leave days while injured or disabled as a result of such assault or battery; however,19
when such employee is absent for six or more consecutive days as a result of such20
injury or disability, he shall be required to present a certificate from a physician21
certifying such injury or disability.  	If the employee of the parish or city school22
board who is receiving sick leave without reduction as described in this Section23
begins to draw his benefit from the Teachers' Retirement System of Louisiana24
or the Louisiana School Employees' Retirement System, said leave shall cease25
on the date of retirement.26
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Cortez (SB 172)
Present law provides that any member of the teaching staff of the public schools who is
injured or disabled while acting in his official capacity as a result of assault or battery by any
student or person shall receive sick leave without reduction in pay and without reduction in
accrued sick leave days while disabled as a result of such assault or battery.
Proposed law retains present law, but further provides that if the member of the teaching
staff who is receiving sick leave without reduction begins to draw his benefit from the
Teachers' Retirement System of Louisiana (TRSL), then such leave shall cease on the date
of retirement.
Present law provides that any member of the teaching staff in the public schools who is
injured or disabled while acting in his official capacity shall be entitled to weekly wage
benefits under the worker's compensation law and/or to sick leave benefits, at his option, but
in no event shall such benefits exceed the total amount of the regular salary the member of
the teaching staff was receiving at the time the injury or disability occurred. In any case in
which a member of the teaching staff supplements worker's compensation with accumulated
or extended sick leave, the amount of sick leave used shall be calculated on an hourly basis.
Proposed law limits the teacher's recovery to worker's compensation benefits in the event
that the teacher is injured or disabled while acting in his official capacity, eliminating any
entitlement to sick leave benefits. 
Present law provides that any employee of a parish or city school board in this state, who is
injured or disabled while acting in his official capacity as a result of assault or battery by any
student or person, shall receive sick leave without reduction in pay and without reduction
in accrued sick leave days while injured or disabled as a result of such assault or battery;
however, when such employee is absent for six or more consecutive days as a result of such
injury or disability, he shall be required to present a certificate from a physician certifying
such injury or disability. 
Proposed law retains present law, but further provides that if the employee who is receiving
sick leave without reduction begins to draw his benefit from the TRSL or the Louisiana
School Employees' Retirement System, then such leave shall cease on the date of retirement.
Effective August 1, 2014.
(Amends R.S. 17:1201(C)(1)(a) and (D) and 1206.1(A)(1))