HLS 21RS-520 ENGROSSED
2021 Regular Session
HOUSE BILL NO. 412
BY REPRESENTATIVE LACOMBE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL SERVICE/FIRE & POL: Provides relative to the reemployment of employees who
have resigned or retired from the classified service due to injury or medical condition
1 AN ACT
2To amend and reenact R.S. 33:2490(E) and (F) and 2550(E) and (F), relative to the
3 municipal fire and police civil service; to provide relative to employees who have
4 resigned or retired from the classified service due to injury or medical condition; to
5 provide relative to the position and class to which employees may be reemployed;
6 to provide relative to the qualifications, compensation, and seniority of any such
7 employee; to provide limitations; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 33:2490(E) and (F) and 2550(E) and (F) are hereby amended and
10reenacted to read as follows:
11 §2490. Reinstatement and reemployment
12 * * *
13 E.(1) Any regular employee who resigns or retires from a position in the
14 classified service may, with the prior approval of the board, be reemployed in a
15 position of the class in which he was employed immediately preceding his
16 resignation or retirement or in a position in any lower class. Any such employee
17 may be reemployed at any time after his resignation or retirement, but he shall be
18 qualified for the position to which he is reemployed. In addition, the employee shall
19 be reemployed with the departmental and promotional seniority accumulated through
20 the date of reinstatement; however, a regular employee shall be reemployed as
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1 provided in this Subsection only if his resignation or retirement occurred as a result
2 of the employee being unable to perform the essential functions of his job upon
3 sustaining any injury that is compensable pursuant to the provisions of Chapter 10
4 of Title 23 of the Louisiana Revised Statutes of 1950. Subject to the requirements
5 of this Subsection, any regular employee who resigns or retires as specified in
6 Paragraph (3) of this Subsection from a position in the classified service and who
7 applies for reemployment shall be reemployed in a position of the class in which he
8 was employed immediately preceding his resignation or retirement. However, if
9 there are no available positions in his former class, he may be temporarily placed in
10 a position in any lower class. If the employee is temporarily placed in a position in
11 a lower class, he shall receive the same rate of pay, including longevity pay, that he
12 would have otherwise received for the position in which he was to be reemployed in
13 his former class. In addition, during his temporary placement, he shall be placed first
14 on the eligibility list for a position in his former class and shall not be required to
15 retest for any such position. The employee shall remain first on such list until he is
16 appointed to a position in his former class.
17 (2)(a) Prior to remployment, an employee shall give notice to the appointing
18 authority that the employee is able to return to work. An authorization from the
19 employee's treating physician certifying that the employee is able to perform the
20 essential functions of the position that were required at the time he was originally
21 confirmed in such position shall be included with the employee's notice to the
22 appointing authority. Upon furnishing such notice and certification to the appointing
23 authority, the employee shall be deemed qualified for the position. The board shall
24 approve the reemployment of the employee and the appointing authority shall
25 reemploy such employee. The employee shall be considered a permanent employee
26 and shall not be required to serve a working test. In addition, the employee shall be
27 reemployed with the departmental and promotional seniority the employee accrued
28 during his employment including any such seniority that he would have accumulated
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1 from the date of his separation through the date of reinstatement as if he remained
2 in continuous service.
3 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
4 if the appointing authority has a specific cause to dispute the certification of the
5 employee's treating physician, the appointing authority may have the employee
6 evaluated by another physician for the limited purpose of confirming that the injury
7 that resulted in his resignation or retirement no longer prevents him from performing
8 the essential functions of the position. If there is a disagreement between the
9 employee's treating physician and the physician selected by the appointing authority,
10 the two physicians shall select a third physician whose opinion shall be
11 determinative.
12 (3) The reemployment provided for in this Subsection applies only if a
13 resignation or retirement occurred as a result of the employee's being unable to
14 perform the essential functions of his job after sustaining an injury during the course
15 and scope of his employment as determined by the employee's treating physician. It
16 addition, the reemployment provided for in this Subsection is available at any time
17 after the resignation or retirement of the employee.
18 F.(1) Any regular employee who retires from a position in the classified fire
19 service as a result of an injury or a medical condition which prevents him from
20 performing the essential functions of his job, may, with the prior approval of the
21 board, be reemployed in a position of the class in which he was employed
22 immediately preceding his retirement or in a position in any lower class. Any such
23 employee may be reemployed at any time after his retirement, but he shall be
24 qualified for the position to which he is reemployed and be able to perform the
25 essential functions of the position. In addition, the employee shall be reemployed
26 with the departmental and promotional seniority accumulated through the date of
27 retirement. This Subsection shall not be applicable to employees whose injury or
28 medical condition resulted from their own negligent or intentional act. Subject to the
29 requirements of this Subsection, any regular employee who retires from a position
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HB NO. 412
1 in the classified fire service as a result of an injury or a medical condition which
2 prevents him from performing the essential functions of his job and who applies for
3 reemployment shall be reemployed in a position of the class in which he was
4 employed immediately preceding his retirement. However, if there are no available
5 positions in his former class, he may be temporarily placed in a position in any lower
6 class. If the employee is temporarily placed in a position in a lower class, he shall
7 receive the same rate of pay, including longevity pay, that he would have otherwise
8 received for the position in which he was to be reemployed in his former class. In
9 addition, during his temporary placement, he shall be placed first on the eligibility
10 list for a position in his former class and shall not be required to retest for any such
11 position. The employee shall remain first on such list until he is appointed to a
12 position in his former class.
13 (2)(a) Prior to reemployment, an employee shall give notice to the
14 appointing authority that the employee is able to return to work. An authorization
15 from the employee's treating physician certifying that the employee is able to
16 perform the essential functions of the position that were required at the time he was
17 originally confirmed in such position shall be included with the employee's notice
18 to the appointing authority. Upon furnishing such notice and certification to the
19 appointing authority, the employee shall be deemed qualified for the position. The
20 board shall approve the reemployment of the employee and the appointing authority
21 shall reemploy such employee. The employee shall be considered a permanent
22 employee and shall not be required to serve a working test. In addition, the
23 employee shall be reemployed with the departmental and promotional seniority the
24 employee had accrued as of the date of his retirement.
25 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
26 if the appointing authority has a specific cause to dispute the certification of the
27 employee's treating physician, the appointing authority may have the employee
28 evaluated by another physician for the limited purpose of confirming that the injury
29 that resulted in his retirement no longer prevents him from performing the essential
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1 functions of the position. If there is a disagreement between the employee's treating
2 physician and the physician selected by the appointing authority, the two physicians
3 shall select a third physician whose opinion shall be determinative.
4 (3) The reemployment provided for in this Subsection is available at any
5 time after the retirement of the employee.
6 * * *
7 §2550. Reinstatement and reemployment
8 * * *
9 E.(1) Any regular employee who resigns or retires from a position in the
10 classified service may, with the prior approval of the board, be reemployed in a
11 position of the class in which he was employed immediately preceding his
12 resignation or retirement or in a position in any lower class. Any such employee
13 may be reemployed at any time after his resignation or retirement, but he shall be
14 qualified for the position to which he is reemployed. In addition, the employee shall
15 be reemployed with the departmental and promotional seniority accumulated through
16 the date of reinstatement; however, a regular employee shall be reemployed as
17 provided in this Subsection only if his resignation or retirement occurred as a result
18 of the employee being unable to perform the essential functions of his job upon
19 sustaining any injury that is compensable pursuant to the provisions of Chapter 10
20 of Title 23 of the Louisiana Revised Statutes of 1950. Subject to the requirements
21 of this Subsection, any regular employee who resigns or retires as specified in
22 Paragraph (3) of this Subsection from a position in the classified service and who
23 applies for reemployment shall be reemployed in a position of the class in which he
24 was employed immediately preceding his resignation or retirement. However, if
25 there are no available positions in his former class, he may be temporarily placed in
26 a position in any lower class. If the employee is temporarily placed in a position in
27 a lower class, he shall receive the same rate of pay, including longevity pay, that he
28 would have otherwise received for the position in which he was to be reemployed in
29 his former class. In addition, during his temporary placement, he shall be placed first
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1 on the eligibility list for a position in his former class and shall not be required to
2 retest for any such position. The employee shall remain first on such list until he is
3 appointed to a position in his former class.
4 (2)(a) Prior to reemployment, an employee shall give notice to the
5 appointing authority that the employee is able to return to work. An authorization
6 from the employee's treating physician certifying that the employee is able to
7 perform the essential functions of the position that were required at the time he was
8 originally confirmed in such position shall be included with the employee's notice
9 to the appointing authority. Upon furnishing such notice and certification to the
10 appointing authority, the employee shall be deemed qualified for the position. The
11 board shall approve the reemployment of the employee and the appointing authority
12 shall reemploy such employee. The employee shall be considered a permanent
13 employee and shall not be required to serve a working test. In addition, the
14 employee shall be reemployed with the departmental and promotional seniority the
15 employee accrued during his employment including any such seniority that he would
16 have accumulated from the date of his separation through the date of reinstatement
17 as if he remained in continuous service.
18 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
19 if the appointing authority has a specific cause to dispute the certification of the
20 employee's treating physician, the appointing authority may have the employee
21 evaluated by another physician for the limited purpose of confirming that the injury
22 that resulted in his resignation or retirement no longer prevents him from performing
23 the essential functions of the position. If there is a disagreement between the
24 employee's treating physician and the physician selected by the appointing authority,
25 the two physicians shall select a third physician whose opinion shall be
26 determinative.
27 (3) The reemployment provided for in this Subsection applies only if a
28 resignation or retirement occurred as a result of the employee's being unable to
29 perform the essential functions of his job after sustaining an injury during the course
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HB NO. 412
1 and scope of his employment as determined by the employee's treating physician. In
2 addition, the reemployment provided for in this Subsection is available at any time
3 after the resignation or retirement of the employee.
4 F.(1) Any regular employee who retires from a position in the classified fire
5 service as a result of an injury or a medical condition which prevents him from
6 performing the essential functions of his job, may, with the prior approval of the
7 board, be reemployed in a position of the class in which he was employed
8 immediately preceding his retirement or in a position in any lower class. Any such
9 employee may be reemployed at any time after his retirement, but he shall be
10 qualified for the position to which he is reemployed and be able to perform the
11 essential functions of the position. In addition, the employee shall be reemployed
12 with the departmental and promotional seniority accumulated through the date of
13 retirement. This Subsection shall not be applicable to employees whose injury or
14 medical condition resulted from their own negligent or intentional act. Subject to the
15 requirements of this Subsection, any regular employee who retires from a position
16 in the classified fire service as a result of an injury or a medical condition which
17 prevents him from performing the essential functions of his job and who applies for
18 reemployment shall be reemployed in a position of the class in which he was
19 employed immediately preceding his retirement. However, if there are no available
20 positions in his former class, he may be temporarily placed in a position in any lower
21 class. If the employee is temporarily placed in a position in a lower class, he shall
22 receive the same rate of pay, including longevity pay, that he would have otherwise
23 received for the position in which he was to be reemployed in his former class. In
24 addition, during his temporary placement, he shall be placed first on the eligibility
25 list for a position in his former class and shall not be required to retest for any such
26 position. The employee shall remain first on such list until he is appointed to a
27 position in his former class.
28 (2)(a) Prior to reemployment, an employee shall give notice to the
29 appointing authority that the employee is able to return to work. An authorization
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1 from the employee's treating physician certifying that the employee is able to
2 perform the essential functions of the position that were required at the time he was
3 originally confirmed in such position shall be included with the employee's notice
4 to the appointing authority. Upon furnishing such notice and certification to the
5 appointing authority, the employee shall be deemed qualified for the position. The
6 board shall approve the reemployment of the employee and the appointing authority
7 shall reemploy such employee. The employee shall be considered a permanent
8 employee and shall not be required to serve a working test. In addition, the
9 employee shall be reemployed with the departmental and promotional seniority the
10 employee had accrued as of the date of his retirement.
11 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
12 if the appointing authority has a specific cause to dispute the certification of the
13 employee's treating physician, the appointing authority may have the employee
14 evaluated by another physician for the limited purpose of confirming that the injury
15 that resulted in his retirement no longer prevents him from performing the essential
16 functions of the position. If there is a disagreement between the employee's treating
17 physician and the physician selected by the appointing authority, the two physicians
18 shall select a third physician whose opinion shall be determinative.
19 (3) The reemployment provided for in this Subsection is available at any
20 time after the retirement of the employee.
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)]
HB 412 Engrossed 2021 Regular Session LaCombe
Abstract: Requires, rather than authorizes, the appointing authority to reemploy an
employee who has resigned or retired from the classified service due to injury or
medical condition if the employee meets certain conditions.
Present constitution creates a fire and police civil service system applicable to municipalities
of over 13,000 in population and parishes and fire protection districts. Provides that the
system is subject to Art. XIV, §15.1 of the 1921 constitution made statutory by the 1974
constitution.
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Present law creates and provides for two fire and police civil service systems: (1) one
applicable to any municipality which operates paid police and fire departments and which
has a population of not fewer than 13,000 persons; and (2) one applicable to any parish, fire
protection district, or municipality with a population of fewer than 13,000, but not fewer
than 7,000 persons.
Proposed law retains present law.
Present law, relative to both systems, provides that a municipal fire and police civil service
board is created in each municipality, parish, and fire protection district composed of five
members. Present law further provides that the classified service shall be comprised of
every position, except those in the unclassified service to which the right of employee
selection, appointment, supervision, and discharge is vested in the municipal, parish, or fire
protection government. Provides further with respect to which positions are in the classified
and unclassified service and provides with respect to classification plans, allocation of
positions, employment lists, and tests.
Proposed law retains present law.
Present law relative to any regular employee who resigns or retires from a position in the
classified service due to a medical condition or injury, authorizes the appointing authority,
if approved by the board, to reemploy any such employee in a position of the class in which
he was employed immediately preceding his resignation or retirement or in a position in any
lower class. Requires that the employee be qualified for the position to which he is
reemployed.
Proposed law instead requires the board to approve the reemployment of the employee and
the appointing authority to reemploy the employee if the employee notifies the board that
he is able to return to work and has submitted a certification from his treating physician that
certifies that the employee is able to perform the essential functions of the position that were
required at the time he was originally confirmed. Provides that upon furnishing the notice
and certification to the appointing authority, the employee is deemed qualified for the
position.
Proposed law provides that prior to reemployment, the appointing authority may have the
employee evaluated by another physician. Provides that the evaluation is for the limited
purpose of confirming that the injury that resulted in his resignation or retirement no longer
prevents him from performing the essential functions of the position. Further provides that
if the two physicians disagree, those two are required to select a third physician whose
opinion will be determinative.
Proposed law requires the appointing authority to reemploy the employee in a position of
the class in which he was employed immediately preceding his resignation or retirement.
Provides, however, that if no positions are available, the employee may be temporarily
employed in a position in any lower class. Requires that the employee receive the same pay
during his temporary placement that he would have received if he had been placed in a
position in his former class. Requires that the employee be placed first on the eligibility list
for a position in his former class and requires that he remain on the list until he is
reemployed in his former class. Provides that the employee cannot be required to retest for
a position in his former class or required to serve a working test upon reemployment.
Present law provides that an employee may be reemployed at any time after his resignation
or retirement. Present law relative to any regular employee who resigns or retires from a
position in the classified service upon sustaining an injury that is compensable under present
law (worker's compensation), requires that the employee be reemployed with the seniority
accumulated through the date of reinstatement. Present law relative to any regular employee
who retires from a position in the classified fire service due to a medical condition or injury,
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requires that the employee be reemployed with the seniority accumulated through the date
of retirement.
Proposed law retains present law.
(Amends R.S. 33:2490(E) and (F) and 2550(E) and (F))
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