SLS 14RS-448 ENGROSSED Page 1 of 3 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 * * *10 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 SLS 14RS-448 ENGROSSED Page 2 of 3 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 * * *3 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 * * *13 §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 * * *27 SB NO. 172 SLS 14RS-448 ENGROSSED Page 3 of 3 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))