This text of Louisiana § 23:1017.3 (Reemployment) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§1017.3. Reemployment
A.Any person called to duty by or pursuant to an operations plan of the Governor's
Office of Homeland Security and Emergency Preparedness 1 shall, upon his release from duty
or recovery from disease or injury resulting from such activities, be reinstated in or restored
to the same or comparable position of employment. Such position or a comparable position
will be at no less compensation, seniority, status or benefits than that he was receiving at the
time of the call to duty. However, if the person is not qualified or capable of performing the
essential functions of the same position by reason of disability sustained during his call of
duty, but is otherwise qualified by reason of education, training, or experience to perform
another vacant position in the employ of
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§1017.3. Reemployment
A. Any person called to duty by or pursuant to an operations plan of the Governor's
Office of Homeland Security and Emergency Preparedness 1 shall, upon his release from duty
or recovery from disease or injury resulting from such activities, be reinstated in or restored
to the same or comparable position of employment. Such position or a comparable position
will be at no less compensation, seniority, status or benefits than that he was receiving at the
time of the call to duty. However, if the person is not qualified or capable of performing the
essential functions of the same position by reason of disability sustained during his call of
duty, but is otherwise qualified by reason of education, training, or experience to perform
another vacant position in the employ of the employer, the employer shall employ such
person in that other or comparable vacant position, the essential functions of which he is
physically capable and qualified to perform that will provide like seniority, status, benefits
and compensation provided the employment does not pose a direct threat or significant risk
to the health and safety of the individual or others that cannot be eliminated by reasonable
accommodation. This Section shall not apply to a temporary position held at the time of the
call to duty.
B. Each person released from duty shall report to his place of employment within
seventy-two hours after his release from duty or recovery from disease or injury resulting
from his activities. Failure to report within said seventy-two hours shall be considered a
voluntary resignation from employment with the employer, and the provisions of this Section
shall not be applicable.
C. Any person who is restored to a position in accordance with the provisions of this
Section shall be so restored in such manner as to give him such status in his employment as
he would have enjoyed if he had continued in such employment continuously from the time
of his call to duty to the time of his restoration to such employment.
D. If any employer fails or refuses to comply with the provisions of this Section
Louisiana Works or the director of the Department of Civil Service shall render aid and
assistance in the reinstatement of persons to their positions in accordance with the provisions
of this Section.
E. It shall not be a violation of this Section if the employer's circumstances have so
changed as to make such reemployment impossible or unreasonable or such employment
would impose an undue hardship on the employer or the returning employee refuses the
employment position offered.
1 See Acts 2006, 1 st Ex. Sess., No. 35, §8, which changes the term "office of
homeland security and emergency preparedness" to "Governor's Office of
Homeland Security and Emergency Preparedness" and §10, which provides
for the termination of the Act and the reversion to the law in effect prior to
the Act on July 1, 2010.