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 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
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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
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§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
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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 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.