HLS 24RS-962 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 691
BY REPRESENTATIVE LACOMBE
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(D), (E), and (F) and 2550(D), (E), and (F), relative to
3 the 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 the employees may be
6 reemployed; to provide relative to qualifications and seniority of any such employee;
7 and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 33:2490(D), (E), and (F), and 2550(D), (E), and (F), are hereby
10amended and reenacted to read as follows:
11 §2550. Reinstatement and reemployment
12 * * *
13 D. Any regular employee who resigns from a position in the classified
14 service may, with the prior approval of the board, be reemployed in a position of the
15 class or in a position of any lower class for which he is qualified, provided the
16 reemployment is made within four years of the date of resignation, and provided no
17 person whose name appears upon either the reinstatement, promotional employment,
18 or reemployment list for a class to which any such person is reemployed is willing
19 to accept an appointment therein. Any person who is reemployed shall be physically
20 fit to perform the duties of the position to which he is appointed. He shall furnish
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1 a favorable medical certificate to the appointing authority and the board after a recent
2 examination by a practicing physician health care provider.
3 E.(1) Subject to the requirements of this Subsection, any regular employee
4 who resigns or retires as specified in Paragraph (3) of this Subsection separates from
5 service from a position in the classified service and who applies for reemployment
6 shall be reemployed in a position of the class in which he was employed immediately
7 preceding his resignation or retirement with all departmental and promotional
8 seniority the employee accrued during his employment including any such seniority
9 and longevity pay provided for in R.S. 33:1992(B) at the time of his separation from
10 service, provided that the reemployment is due to clearance from a health care
11 provider from an injury, illness or medical condition that existed at the time of his
12 separation that rendered the employee unable to perform the essential functions of
13 his job, regardless of whether said injury or medical condition arose during the
14 course and scope of his employment. However, if there are no available positions
15 in his former class, he may be temporarily placed in a position in any lower class or
16 a higher class if said employee is qualified for and on the promotional list for said
17 position. If the employee is temporarily placed in a position in a lower class, he shall
18 receive the same rate of pay, including longevity pay, that he would have otherwise
19 received for the position in which he was to be reemployed in his former class. In
20 addition, during his temporary placement, he shall be placed first on the eligibility
21 list for a position in his former class and shall not be required to retest for any such
22 position. The employee shall remain first on such list until he is appointed to a
23 position in his former class.
24 (2)(a) Prior to reemployment, an employee shall give notice to the
25 appointing authority that the employee is able to return to work. An authorization
26 from the employee's treating physician health care provider certifying that the
27 employee is able to perform the essential functions of the position said employee is
28 returning to that were required at the time he was originally confirmed in such
29 position shall be included with the employee's notice to the appointing authority.
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1 Upon furnishing such notice and certification to the appointing authority, the
2 employee shall be deemed qualified for the said position. The board shall approve
3 the reemployment of the employee and the appointing authority shall reemploy such
4 employee. The employee shall be considered a permanent employee and shall not
5 be required to serve a working test. In addition, the employee shall be reemployed
6 with the departmental and promotional seniority the employee accrued during his
7 employment including any such seniority that he would have accumulated from the
8 date of his separation through the date of reinstatement as if he remained in
9 continuous service.
10 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
11 if the appointing authority has a specific cause to dispute the certification of the
12 employee's treating physician health care provider, the appointing authority may
13 have the employee evaluated by another physician health care provider for the
14 limited purpose of confirming that the injury or medical condition that resulted in his
15 resignation or retirement existed at the time of his separation from service no longer
16 prevents him from performing the essential functions of the position to which he is
17 returning. If there is a disagreement between the employee's treating physician and
18 the physician selected by the appointing authority, the two physicians shall select a
19 third physician whose opinion shall be determinative those two health care providers,
20 those two health care providers shall select a third health care provider whose
21 opinion shall be determinative.
22 (3) The reemployment provided for in this Subsection applies only if a
23 resignation or retirement occurred as a result of the employee's being unable to
24 perform the essential functions of his job after sustaining an injury or developing a
25 medical condition during the course and scope of his employment as determined by
26 the employee's treating physician. In addition, the reemployment provided for in this
27 Subsection is available at any time after the resignation or retirement of the
28 employee.
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1 (3) The reemployment provided for in this Subsection is available at any
2 time after the employee's separation from service.
3 (4) If the injury, illness or medical condition referenced in Paragraph (1) of
4 this Subsection was sustained, developed or is related to the course and scope of his
5 employment, as determined by the employee's health care provider, the employee
6 shall be reemployed with the departmental and promotional seniority the employee
7 accrued during his employment including any such seniority and longevity pay
8 provided for in R.S. 33:1992(B) that he would have accrued from the date of his
9 separation through the date of reinstatement as if he remained in continuous service.
10 F.(1) Subject to the requirements of this Subsection, any regular employee
11 who retires from a position in the classified fire service as a result of an injury or a
12 medical condition which prevents him from performing the essential functions of his
13 job and who applies for reemployment shall be reemployed in a position of the class
14 in which he was employed immediately preceding his retirement. However, if there
15 are no available positions in his former class, he may be temporarily placed in a
16 position in any lower class. If the employee is temporarily placed in a position in a
17 lower class, he shall receive the same rate of pay, including longevity pay, that he
18 would have otherwise received for the position in which he was to be reemployed in
19 his former class. In addition, during his temporary placement, he shall be placed first
20 on the eligibility list for a position in his former class and shall not be required to
21 retest for any such position. The employee shall remain first on such list until he is
22 appointed to a position in his former class.
23 (2)(a) Prior to reemployment, an employee shall give notice to the
24 appointing authority that the employee is able to return to work. An authorization
25 from the employee's treating physician certifying that the employee is able to
26 perform the essential functions of the position that were required at the time he was
27 originally confirmed in such position shall be included with the employee's notice
28 to the appointing authority. Upon furnishing such notice and certification to the
29 appointing authority, the employee shall be deemed qualified for the position. The
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1 board shall approve the reemployment of the employee and the appointing authority
2 shall reemploy such employee. The employee shall be considered a permanent
3 employee and shall not be required to serve a working test. In addition, the
4 employee shall be reemployed with the departmental and promotional seniority the
5 employee had accrued as of the date of his retirement.
6 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
7 if the appointing authority has a specific cause to dispute the certification of the
8 employee's treating physician, the appointing authority may have the employee
9 evaluated by another physician for the limited purpose of confirming that the injury
10 or medical condition that resulted in his retirement no longer prevents him from
11 performing the essential functions of the position. If there is a disagreement between
12 the employee's treating physician and the physician selected by the appointing
13 authority, the two physicians shall select a third physician whose opinion shall be
14 determinative.
15 (3) The reemployment provided for in this Subsection is available at any
16 time after the retirement of the employee.
17 To the extent there is any conflict between the provisions of this Section and
18 any other law, including R.S. 11:2258, regarding reinstatement or reemployment of
19 employees, the provisions of this Section shall govern.
20 * * *
21 §2490. Reinstatement and reemployment
22 * * *
23 D. Any regular employee who resigns from a position in the classified
24 service may, with the prior approval of the board, be reemployed in a position of the
25 class or in a position of any lower class for which he is qualified, provided, that the
26 reemployment is made within four years of the date of resignation, and that no
27 person whose name appears upon either the reinstatement, promotional employment,
28 or re-employment list for a class to which any such person is reemployed is willing
29 to accept an appointment therein. Any person who is reemployed shall be physically
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1 fit to perform the duties of the position to which he is appointed. He shall furnish
2 a favorable medical certificate to the appointing authority and the board after a recent
3 examination by a practicing physician health care provider.
4 E.(1) Subject to the requirements of this Subsection, any regular employee
5 who resigns or retires as specified in Paragraph (3) of this Subsection separates from
6 service from a position in the classified service and who applies for reemployment
7 shall be reemployed in a position of the class in which he was employed immediately
8 preceding his resignation or retirement with all departmental and promotional
9 seniority the employee accrued during his employment including any such seniority
10 and longevity pay provided for in R.S. 33:1992(B) at the time of his separation from
11 service, provided that the reemployment is due to clearance from a health care
12 provider from an injury, illness or medical condition that existed at the time of his
13 separation that rendered the employee unable to perform the essential functions of
14 his job, regardless of whether said injury or medical condition arose during the
15 course and scope of his employment. However, if there are no available positions
16 in his former class, he may be temporarily placed in a position in any lower class or
17 a higher class if said employee is qualified for and on the promotional list for said
18 position. If the employee is temporarily placed in a position in a lower class, he shall
19 receive the same rate of pay, including longevity pay, that he would have otherwise
20 received for the position in which he was to be reemployed in his former class. In
21 addition, during his temporary placement, he shall be placed first on the eligibility
22 list for a position in his former class and shall not be required to retest for any such
23 position. The employee shall remain first on such list until he is appointed to a
24 position in his former class.
25 (2)(a) Prior to reemployment, an employee shall give notice to the
26 appointing authority that the employee is able to return to work. An authorization
27 from the employee's treating physician health care provider certifying that the
28 employee is able to perform the essential functions of the position said employee is
29 returning to that were required at the time he was originally confirmed in such
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1 position shall be included with the employee's notice to the appointing authority.
2 Upon furnishing such notice and certification to the appointing authority, the
3 employee shall be deemed qualified for the said position. The board shall approve
4 the reemployment of the employee and the appointing authority shall reemploy such
5 employee. The employee shall be considered a permanent employee and shall not
6 be required to serve a working test. In addition, the employee shall be reemployed
7 with the departmental and promotional seniority the employee accrued during his
8 employment including any such seniority that he would have accumulated from the
9 date of his separation through the date of reinstatement as if he remained in
10 continuous service.
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 health care provider, the appointing authority may
14 have the employee evaluated by another physician health care provider for the
15 limited purpose of confirming that the injury or medical condition that resulted in his
16 resignation or retirement existed at the time of his separation from service no longer
17 prevents him from performing the essential functions of the position to which he is
18 returning. If there is a disagreement between the employee's treating physician and
19 the physician selected by the appointing authority, the two physicians shall select a
20 third physician whose opinion shall be determinative those two health care providers,
21 those two health care providers shall select a third health care provider whose
22 opinion shall be determinative.
23 (3) The reemployment provided for in this Subsection applies only if a
24 resignation or retirement occurred as a result of the employee's being unable to
25 perform the essential functions of his job after sustaining an injury or developing a
26 medical condition during the course and scope of his employment as determined by
27 the employee's treating physician. In addition, the reemployment provided for in this
28 Subsection is available at any time after the resignation or retirement of the
29 employee.
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1 (3) The reemployment provided for in this Subsection is available at any
2 time after the employee's separation from service.
3 (4) If the injury, illness or medical condition referenced in Paragraph (1) of
4 this Subsection was sustained, developed or is related to the course and scope of his
5 employment, as determined by the employee's health care provider, the employee
6 shall be reemployed with the departmental and promotional seniority the employee
7 accrued during his employment including any such seniority and longevity pay
8 provided for in R.S. 33:1992(B) that he would have accrued from the date of his
9 separation through the date of reinstatement as if he remained in continuous service.
10 F.(1) Subject to the requirements of this Subsection, any regular employee
11 who retires from a position in the classified fire service as a result of an injury or a
12 medical condition which prevents him from performing the essential functions of his
13 job and who applies for reemployment shall be reemployed in a position of the class
14 in which he was employed immediately preceding his retirement. However, if there
15 are no available positions in his former class, he may be temporarily placed in a
16 position in any lower class. If the employee is temporarily placed in a position in a
17 lower class, he shall receive the same rate of pay, including longevity pay, that he
18 would have otherwise received for the position in which he was to be reemployed in
19 his former class. In addition, during his temporary placement, he shall be placed first
20 on the eligibility list for a position in his former class and shall not be required to
21 retest for any such position. The employee shall remain first on such list until he is
22 appointed to a position in his former class.
23 (2)(a) Prior to reemployment, an employee shall give notice to the
24 appointing authority that the employee is able to return to work. An authorization
25 from the employee's treating physician certifying that the employee is able to
26 perform the essential functions of the position that were required at the time he was
27 originally confirmed in such position shall be included with the employee's notice
28 to the appointing authority. Upon furnishing such notice and certification to the
29 appointing authority, the employee shall be deemed qualified for the position. The
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1 board shall approve the reemployment of the employee and the appointing authority
2 shall reemploy such employee. The employee shall be considered a permanent
3 employee and shall not be required to serve a working test. In addition, the
4 employee shall be reemployed with the departmental and promotional seniority the
5 employee had accrued as of the date of his retirement.
6 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
7 if the appointing authority has a specific cause to dispute the certification of the
8 employee's treating physician, the appointing authority may have the employee
9 evaluated by another physician for the limited purpose of confirming that the injury
10 or medical condition that resulted in his retirement no longer prevents him from
11 performing the essential functions of the position. If there is a disagreement between
12 the employee's treating physician and the physician selected by the appointing
13 authority, the two physicians shall select a third physician whose opinion shall be
14 determinative.
15 (3) The reemployment provided for in this Subsection is available at any
16 time after the retirement of the employee.
17 To the extent there is any conflict between the provisions of this Section and
18 any other law, including R.S. 11:2258, regarding reinstatement or reemployment of
19 employees, the provisions of this Section shall govern.
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 691 Original 2024 Regular Session LaCombe
Abstract: Relative to the reemployment of employees who have resigned or retired from
the classified service due to injury of medical condition, provide for the
qualifications and seniority of such employees.
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
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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, 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.
Present 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 retains present law but removes reference to employees who resign or retire
and instead refers to employees who separate from service. Proposed law also removes
reference to treating physician and instead refers to health care provider.
Present 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.
Proposed law removes present law.
Present law provides that if there are no positions in the employee's former class, he 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.
Proposed law retains present law and additionally provides that the employee may be
temporarily placed in a higher class if he is qualified for and on the promotional list for the
position.
Present law, relative to any employee who resigns or retires due to a medical condition, or
injury that occurred as a result of the employee being unable to perform the essential
functions of his job after sustaining an injury or developing a medical condition during the
course and scope of his employment as determined by his physician, requires that the
employee be reemployed with departmental and promotional seniority accrued during his
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employment including seniority that he would have accumulated from the date of his
separation through the date of reinstatement as if he remained in continuous service.
Proposed law instead provides that if the injury or medical condition was sustained,
developed or is related to the course and scope of his employment, as determined by the
employee's health care provider, the employee shall be reemployed with the departmental
and promotional seniority the employee accrued during his employment including seniority
and longevity pay provided for in present law (R.S. 33:1992(B)) that he would have accrued
from the date of his separation through the date of reinstatement as if he remained in
continuous service. Proposed law additionally provides that if reemployment is due to
clearance from a health care provider from an injury or medical condition that existed at the
time of an employee's separation that rendered him unable to perform the essential functions
of his job, regardless of whether said injury or medical condition arose during the course and
scope of his employment, the employee shall be reemployed with all departmental and
promotional seniority the employee accrued during his employment including any seniority
and longevity pay provided for in present law R.S. 33:1992(B) at the time of his separation
from service.
(Amends R.S. 33:2490(D), (E), and (F) and 2550(D), (E), and (F))
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