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, ยง15.1 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.
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.