§ 17:1202 — Teachers; extended sick leave

Louisiana § 17:1202

• Jurisdiction: Louisiana
• Title 17: Credit Union Law

Text

§1202. Teachers; extended sick leave
A.(1) Every city, parish, and other local public school board shall permit:
(a) Each teacher to take up to ninety days of extended sick leave in each six-year
period of employment, which may be used for a medical necessity in the manner provided
in this Section at any time that the teacher has no remaining regular sick leave balance.
(b) Each teacher granted maternity or adoptive leave in accordance with the
provisions of R.S. 17:48 or 1211 and who has no remaining sick leave balance available to
take in the manner provided in this Section up to thirty days of additional extended sick leave
in each six-year period of employment for personal illness relating to pregnancy, illness of
an infant, or for required medical visits certified by a clinician as relating to infant or
maternal health.
(2) As used in this Section, the following terms have the following meanings:
(a) "Child" means a biological son or daughter, an adopted son or daughter, a foster
son or daughter, a stepson or daughter, or a legal ward of a teacher standing in loco parentis
to that ward who is either under the age of eighteen, or who is eighteen years of age but under
twenty-four years of age and is a full-time student, or who is nineteen years of age or older
and incapable of self-care because of a mental or physical disability.
(b) "Immediate family member" means a spouse, parent, or child of a teacher.
(c) "Infant" means a child under one year of age.
(d) "Medical necessity" means the result of catastrophic illness or injury, a life-threatening condition, a chronic condition, or an incapacitating condition, as certified by a
clinician, of a teacher or an immediate family member.
(e) "Parent" means the biological parent of a teacher or an individual who stood in
loco parentis to the teacher.
B.(1) Unused days during any six-year period of employment shall not cumulate or
carry forward into the next six-year period of employment.
(2) The balance of days of extended leave available to a teacher shall transfer with
such teacher from one public school employer to another without loss of days and without
restoration of days.
(3) Interruptions of service between periods of employment with a public school
employer shall not be included in any calculation of a six-year period, such that any
employment with any public school employer, regardless of when it occurs, shall be included
in any determination of the balance of days of extended sick leave available to a teacher.
C.(1) All time while on extended sick leave is regular service time for all purposes
for which service time is calculated or used.
(2) Any teacher on extended sick leave shall be paid sixty-five percent of the salary
paid to him at the time the extended sick leave begins.
D.(1) No teacher may undertake additional gainful employment while on extended
sick leave, unless all of the following conditions are met:
(a) The teacher can demonstrate that he will be working not more than twenty hours
a week in a part-time job that he has been working for not less than one hundred twenty days
prior to the beginning of any period of extended sick leave.
(b) The clinician who certifies the medical necessity of the leave indicates that such
part-time work does not impair the purpose for which the extended leave is required.
(2) Any violation of this prohibition may require the teacher to return to the employer
all compensation paid during any week of extended leave in which the teacher worked more
than twenty hours and to reimburse the employer all related employment costs attributable
to such period as calculated by the employer, without any restoration of such days.
E.(1)(a) On every occasion that a teacher uses extended sick leave, a statement from
a clinician certifying that it is for personal illness relating to pregnancy, illness of an infant,
or for required medical visits related to infant or maternal health or that it is a medical
necessity shall be presented prior to the extension of such leave.
(b) The clinician statement required by this Paragraph may be presented and the
extended sick leave may be requested subsequent to the teacher's return to service. In such
a case, the extended leave shall be granted for all days for which such leave is requested and
the required documentation is presented, provided the leave is requested and the required
documentation is presented within three days after the teacher returns to service.
(2)(a) If the board or superintendent, upon review of the application, questions the
validity or accuracy of the certification, the board or superintendent, as the case may be,
referred to in this Paragraph as the "challenging party", may require the teacher or the
immediate family member, as a condition for continued extended leave, to be examined by
a clinician selected by the challenging party. In such a case, the employer shall pay all costs
of the examination and any tests determined to be necessary. If the clinician selected by the
challenging party finds medical necessity, the leave shall be granted.
(b) If the clinician selected by the challenging party disagrees with the certification
of the clinician selected by the teacher or the immediate family member, then the challenging
party may require the teacher or the immediate family member, as a condition for continued
extension of sick leave, to be examined by a third appropriate clinician whose name appears
next in the rotation of clinicians on a list established by the local medical society for such
purpose and maintained by the challenging party. All costs of an examination and any
required tests by a third clinician shall be paid by the employer. The opinion of the third
clinician shall be determinative of the issue.
(c) The opinion of all clinicians consulted as provided in this Paragraph shall be
submitted to the challenging party in the form of a sworn statement which shall be subject
to the provisions of R.S. 14:125.
(d)(i) In addition to the authority provided in R.S. 17:1201(A)(2), the board shall
adopt a policy regarding providing for employees suffering from catastrophic and long-term
illness.
(ii) The board may, as part of a collective bargaining agreement, or by its own policy,
provide additional compensation or extended leave days in excess of what is required in this
Section.
(3) All information contained in any statement from a clinician shall be confidential
and shall not be subject to the public records law.
F.(1) Each city, parish, and other local public school board shall develop and
implement a sick leave bank policy to allow for the donation of sick leave among teachers.
(2) A teacher may donate sick leave directly to another teacher in an amount not to
exceed one-half of the donating teacher's accumulated leave as calculated at the beginning
of the school year.
(3) At least ninety percent of the leave balance in the bank shall be retained in the
bank from one school year to the next.
G. Each city, parish, and other local public school board annually shall submit a
report to the state Department of Education on the number of leave requests granted each
year pursuant to this Section, the number of leave requests denied, and the reason or reasons
for such denials.
H. Notwithstanding any other provision of law to the contrary, all decisions relative
to the granting of leave pursuant to this Section shall be made by the superintendent of the
local public school system.

Legislative History

Acts 1987, No. 656, §1; Acts 1999, No. 1341, §1; Acts 2001, No. 278, §1, eff. June 7, 2001; Acts 2011, No. 405, §2, eff. July 1, 2011; Acts 2012, No. 788, §2, eff. June 13, 2012; Acts 2014, No. 659, §§1, 2; Acts 2014, No. 849, §1, eff. June 23, 2014; Acts 2018, No. 631, §1; Acts 2023, No. 296, §1; Acts 2024, No. 115, §1.