SLS 14RS-448 REENGROSSED 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 relative to sick leave3 granted as a result of assault or battery by a student or other person as it relates to4 retirement; to provide for worker's compensation benefits; and to provide for related5 matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 17:1201(C)(1)(a) and (D) and 1206.1(A)(1) are hereby amended and8 reenacted to read as follows:9 §1201. Amount of sick leave; reimbursement; injury on the job10 * * *11 C.(1)(a) Any member of the teaching staff of the public schools who is12 injured or disabled while acting in his official capacity as a result of assault or13 battery by any student or person shall receive sick leave without reduction in pay and14 without reduction in accrued sick leave days while disabled as a result of such assault15 or battery. However, such member of the teaching staff shall be required to present16 a certificate from a physician certifying such injury and disability. If the member17 SB NO. 172 SLS 14RS-448 REENGROSSED Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. of the teaching staff who is receiving sick leave without reduction as provided1 in this Section begins to draw his benefit from the Teachers' Retirement System2 of Louisiana, the leave shall cease.3 * * *4 D.(1) Any member of the teaching staff in the public schools who is injured5 or disabled while acting in his official capacity shall be entitled to weekly wage6 benefits under the worker's compensation law of the state of Louisiana and/or to sick7 leave benefits under Subpart B of Part X of this Chapter Subsection A of this8 Section, at his option, but in no event shall such benefits exceed the total amount of9 the regular salary the member of the teaching staff was receiving at the time the10 injury or disability occurred.11 (2) In any case in which a member of the teaching staff supplements12 personally elects to supplement worker's compensation with accumulated or13 extended sick leave, the amount of sick leave used shall be calculated on an hourly14 basis.15 * * *16 §1206.1. School employees; sick leave17 A.(1) Any employee of the parish or city school boards of this state, as the18 word "employee" is defined in R.S. 17:1205, who is injured or disabled while acting19 in his official capacity as a result of assault or battery by any student or person, shall20 receive sick leave without reduction in pay and without reduction in accrued sick21 leave days while injured or disabled as a result of such assault or battery; however,22 when such employee is absent for six or more consecutive days as a result of such23 injury or disability, he shall be required to present a certificate from a physician24 certifying such injury or disability. If the employee of the parish or city school25 board who is receiving sick leave without reduction as described in this Section26 begins to draw his benefit from the Teachers' Retirement System of Louisiana27 or the Louisiana School Employees' Retirement System, the leave shall cease.28 * * *29 SB NO. 172 SLS 14RS-448 REENGROSSED 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 was prepared by Alan Miller. The following digest, which does not constitute a part of the legislative instrument, was prepared by Mary Dozier O'Brien. DIGEST 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. 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 retains present law but specifies that the teacher may personally elect to supplement workers compensation with accumulated sick leave only, not extended sick leave. 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. Effective August 1, 2014. (Amends R.S. 17:1201(C)(1)(a) and (D) and 1206.1(A)(1)) Summary of Amendments Adopted by Senate Senate Floor Amendments to engrossed bill 1. Clarified provisions regarding sick leave for teachers and other school employees when the teacher or employee is receiving sick leave as a result of an assault or battery by a student or other person. 2. Explains that the teacher receiving workers' compensation benefits may personally elect to supplement such payments by use of accumulated sick leave, but not by employing extended sick leave.