RÉSUMÉ DIGEST
ACT 312 (HB 412) 2021 Regular Session LaCombe
Existing 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. Existing 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.
Existing law 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.
Prior law, relative to any regular employee who resigned or retired from a position in the
classified service due to a medical condition or injury, authorized the appointing authority,
if approved by the fire and police civil service board (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. Required that the employee be qualified for
the position to which he was reemployed.
New 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 he 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.
New law authorizes the appointing authority, prior to reemployment, to have the employee
evaluated by another physician 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. Provides that if the two physicians
disagree, those two are required to select a third physician whose opinion will be
determinative.
New 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. However,
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. The
employee cannot be required to retest for a position in his former class or required to serve
a working test upon reemployment.
Existing 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.
Prior law, relative to any regular employee who resigned or retired from a position in the
classified service upon sustaining an injury that was compensable under existing law
(worker's compensation), required that the employee be reemployed with the seniority
accumulated through the date of reinstatement.
New law 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. Effective August 1, 2021.
(Amends R.S. 33:2490(E) and (F) and 2550(E) and (F))