HLS 21RS-520 REENGROSSED
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
Page 1 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-520 REENGROSSED
HB NO. 412
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
Page 2 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-520 REENGROSSED
HB NO. 412
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 or medical condition that resulted in his resignation or retirement no longer prevents
8 him from performing the essential functions of the position. If there is a
9 disagreement between the employee's treating physician and the physician selected
10 by the appointing authority, the two physicians shall select a third physician whose
11 opinion shall be 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 or developing a
15 medical condition during the course and scope of his employment as determined by
16 the employee's treating physician. In addition, the reemployment provided for in this
17 Subsection is available at any time after the resignation or retirement of the
18 employee.
19 F.(1) Any regular employee who retires from a position in the classified fire
20 service as a result of an injury or a medical condition which prevents him from
21 performing the essential functions of his job, may, with the prior approval of the
22 board, be reemployed in a position of the class in which he was employed
23 immediately preceding his retirement or in a position in any lower class. Any such
24 employee may be reemployed at any time after his retirement, but he shall be
25 qualified for the position to which he is reemployed and be able to perform the
26 essential functions of the position. In addition, the employee shall be reemployed
27 with the departmental and promotional seniority accumulated through the date of
28 retirement. This Subsection shall not be applicable to employees whose injury or
29 medical condition resulted from their own negligent or intentional act. Subject to the
Page 3 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-520 REENGROSSED
HB NO. 412
1 requirements of this Subsection, any regular employee who retires from a position
2 in the classified fire service as a result of an injury or a medical condition which
3 prevents him from performing the essential functions of his job and who applies for
4 reemployment shall be reemployed in a position of the class in which he was
5 employed immediately preceding his retirement. However, if there are no available
6 positions in his former class, he may be temporarily placed in a position in any lower
7 class. If the employee is temporarily placed in a position in a lower class, he shall
8 receive the same rate of pay, including longevity pay, that he would have otherwise
9 received for the position in which he was to be reemployed in his former class. In
10 addition, during his temporary placement, he shall be placed first on the eligibility
11 list for a position in his former class and shall not be required to retest for any such
12 position. The employee shall remain first on such list until he is appointed to a
13 position in his former class.
14 (2)(a) Prior to reemployment, an employee shall give notice to the
15 appointing authority that the employee is able to return to work. An authorization
16 from the employee's treating physician certifying that the employee is able to
17 perform the essential functions of the position that were required at the time he was
18 originally confirmed in such position shall be included with the employee's notice
19 to the appointing authority. Upon furnishing such notice and certification to the
20 appointing authority, the employee shall be deemed qualified for the position. The
21 board shall approve the reemployment of the employee and the appointing authority
22 shall reemploy such employee. The employee shall be considered a permanent
23 employee and shall not be required to serve a working test. In addition, the
24 employee shall be reemployed with the departmental and promotional seniority the
25 employee had accrued as of the date of his retirement.
26 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
27 if the appointing authority has a specific cause to dispute the certification of the
28 employee's treating physician, the appointing authority may have the employee
29 evaluated by another physician for the limited purpose of confirming that the injury
Page 4 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-520 REENGROSSED
HB NO. 412
1 or medical condition that resulted in his retirement no longer prevents him from
2 performing the essential functions of the position. If there is a disagreement between
3 the employee's treating physician and the physician selected by the appointing
4 authority, the two physicians shall select a third physician whose opinion shall be
5 determinative.
6 (3) The reemployment provided for in this Subsection is available at any
7 time after the retirement of the employee.
8 * * *
9 §2550. Reinstatement and reemployment
10 * * *
11 E.(1) Any regular employee who resigns or retires from a position in the
12 classified service may, with the prior approval of the board, be reemployed in a
13 position of the class in which he was employed immediately preceding his
14 resignation or retirement or in a position in any lower class. Any such employee
15 may be reemployed at any time after his resignation or retirement, but he shall be
16 qualified for the position to which he is reemployed. In addition, the employee shall
17 be reemployed with the departmental and promotional seniority accumulated through
18 the date of reinstatement; however, a regular employee shall be reemployed as
19 provided in this Subsection only if his resignation or retirement occurred as a result
20 of the employee being unable to perform the essential functions of his job upon
21 sustaining any injury that is compensable pursuant to the provisions of Chapter 10
22 of Title 23 of the Louisiana Revised Statutes of 1950. Subject to the requirements
23 of this Subsection, any regular employee who resigns or retires as specified in
24 Paragraph (3) of this Subsection from a position in the classified service and who
25 applies for reemployment shall be reemployed in a position of the class in which he
26 was employed immediately preceding his resignation or retirement. However, if
27 there are no available positions in his former class, he may be temporarily placed in
28 a position in any lower class. If the employee is temporarily placed in a position in
29 a lower class, he shall receive the same rate of pay, including longevity pay, that he
Page 5 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-520 REENGROSSED
HB NO. 412
1 would have otherwise received for the position in which he was to be reemployed in
2 his former class. In addition, during his temporary placement, he shall be placed first
3 on the eligibility list for a position in his former class and shall not be required to
4 retest for any such position. The employee shall remain first on such list until he is
5 appointed to a position in his former class.
6 (2)(a) Prior to reemployment, an employee shall give notice to the
7 appointing authority that the employee is able to return to work. An authorization
8 from the employee's treating physician certifying that the employee is able to
9 perform the essential functions of the position that were required at the time he was
10 originally confirmed in such position shall be included with the employee's notice
11 to the appointing authority. Upon furnishing such notice and certification to the
12 appointing authority, the employee shall be deemed qualified for the position. The
13 board shall approve the reemployment of the employee and the appointing authority
14 shall reemploy such employee. The employee shall be considered a permanent
15 employee and shall not be required to serve a working test. In addition, the
16 employee shall be reemployed with the departmental and promotional seniority the
17 employee accrued during his employment including any such seniority that he would
18 have accumulated from the date of his separation through the date of reinstatement
19 as if he remained in continuous service.
20 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
21 if the appointing authority has a specific cause to dispute the certification of the
22 employee's treating physician, the appointing authority may have the employee
23 evaluated by another physician for the limited purpose of confirming that the injury
24 or medical condition that resulted in his resignation or retirement no longer prevents
25 him from performing the essential functions of the position. If there is a
26 disagreement between the employee's treating physician and the physician selected
27 by the appointing authority, the two physicians shall select a third physician whose
28 opinion shall be determinative.
Page 6 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-520 REENGROSSED
HB NO. 412
1 (3) The reemployment provided for in this Subsection applies only if a
2 resignation or retirement occurred as a result of the employee's being unable to
3 perform the essential functions of his job after sustaining an injury or developing a
4 medical condition during the course and scope of his employment as determined by
5 the employee's treating physician. In addition, the reemployment provided for in this
6 Subsection is available at any time after the resignation or retirement of the
7 employee.
8 F.(1) Any regular employee who retires from a position in the classified fire
9 service as a result of an injury or a medical condition which prevents him from
10 performing the essential functions of his job, may, with the prior approval of the
11 board, be reemployed in a position of the class in which he was employed
12 immediately preceding his retirement or in a position in any lower class. Any such
13 employee may be reemployed at any time after his retirement, but he shall be
14 qualified for the position to which he is reemployed and be able to perform the
15 essential functions of the position. In addition, the employee shall be reemployed
16 with the departmental and promotional seniority accumulated through the date of
17 retirement. This Subsection shall not be applicable to employees whose injury or
18 medical condition resulted from their own negligent or intentional act. Subject to the
19 requirements of this Subsection, any regular employee who retires from a position
20 in the classified fire service as a result of an injury or a medical condition which
21 prevents him from performing the essential functions of his job and who applies for
22 reemployment shall be reemployed in a position of the class in which he was
23 employed immediately preceding his retirement. However, if there are no available
24 positions in his former class, he may be temporarily placed in a position in any lower
25 class. If the employee is temporarily placed in a position in a lower class, he shall
26 receive the same rate of pay, including longevity pay, that he would have otherwise
27 received for the position in which he was to be reemployed in his former class. In
28 addition, during his temporary placement, he shall be placed first on the eligibility
29 list for a position in his former class and shall not be required to retest for any such
Page 7 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-520 REENGROSSED
HB NO. 412
1 position. The employee shall remain first on such list until he is appointed to a
2 position in his former class.
3 (2)(a) Prior to reemployment, an employee shall give notice to the
4 appointing authority that the employee is able to return to work. An authorization
5 from the employee's treating physician certifying that the employee is able to
6 perform the essential functions of the position that were required at the time he was
7 originally confirmed in such position shall be included with the employee's notice
8 to the appointing authority. Upon furnishing such notice and certification to the
9 appointing authority, the employee shall be deemed qualified for the position. The
10 board shall approve the reemployment of the employee and the appointing authority
11 shall reemploy such employee. The employee shall be considered a permanent
12 employee and shall not be required to serve a working test. In addition, the
13 employee shall be reemployed with the departmental and promotional seniority the
14 employee had accrued as of the date of his retirement.
15 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
16 if the appointing authority has a specific cause to dispute the certification of the
17 employee's treating physician, the appointing authority may have the employee
18 evaluated by another physician for the limited purpose of confirming that the injury
19 or medical condition that resulted in his retirement no longer prevents him from
20 performing the essential functions of the position. If there is a disagreement between
21 the employee's treating physician and the physician selected by the appointing
22 authority, the two physicians shall select a third physician whose opinion shall be
23 determinative.
24 (3) The reemployment provided for in this Subsection is available at any
25 time after the retirement of the employee.
Page 8 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-520 REENGROSSED
HB NO. 412
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 Reengrossed 2021 Regular Session LaCombe
Abstract: Requires, rather than authorizes, the appointing authority to reemploy an
employee who has resigned or retired from the classified fire or police 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.
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 or medical condition 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.
Page 9 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-520 REENGROSSED
HB NO. 412
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, relative to any regular employee who retires from a position in the classified
fire service due to a medical condition or injury, requires that the employee be reemployed
with the seniority accumulated through the date of retirement. Present law provides that an
employee may be reemployed at any time after his resignation or retirement.
Proposed law retains present law.
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.
Proposed law removes present law and instead requires that a regular employee who resigns
or retires from a position in the classified service upon sustaining an injury or developing
a medical condition during the course and scope of his employment be reemployed with the
seniority accumulated through the date of reinstatement.
(Amends R.S. 33:2490(E) and (F) and 2550(E) and (F))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make proposed law, relative to a regular employee who resigns or retires from
the classified service upon sustaining an injury during the course and scope of
his employment, also applicable to an employee who resigns or retires due to a
medical condition that he developed during the course and scope of his
employment.
2. Authorize the appointing authority to have an employee evaluated by a physician
for the purpose of confirming that a medical condition that resulted in his
resignation or retirement no longer prevents him from performing the essential
functions of the position.
Page 10 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.