§403. Definitions
As used in this Part, the following terms shall have the definitions ascribed in this
Section unless the context clearly requires otherwise:
(1)"Appointed official" means a person holding an appointive position or office with
any department, board, commission, or agency of the state, or of any political subdivision or
municipal corporation, when the office or position is established by the constitution or laws
of this state.
(2)"Benefit, benefit of employment, rights and benefits" means any advantage,
profit, privilege, gain, status, account, or interest other than wages or salary for work
performed that accrues by reason of an employment contract or agreement or an employer
policy, plan, or practice and includes rights and benefits under a pension plan, a health plan,
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§403. Definitions
As used in this Part, the following terms shall have the definitions ascribed in this
Section unless the context clearly requires otherwise:
(1) "Appointed official" means a person holding an appointive position or office with
any department, board, commission, or agency of the state, or of any political subdivision or
municipal corporation, when the office or position is established by the constitution or laws
of this state.
(2) "Benefit, benefit of employment, rights and benefits" means any advantage,
profit, privilege, gain, status, account, or interest other than wages or salary for work
performed that accrues by reason of an employment contract or agreement or an employer
policy, plan, or practice and includes rights and benefits under a pension plan, a health plan,
an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay,
supplemental unemployment benefits, vacations, and the opportunity to select work hours
or location of employment.
(3) "Compensation" means normal or regular base pay, but does not include
overtime, per diem, differential pay, or any other allowance for other expense.
"Compensation" for peace officers as defined in R.S. 40:2402(1) and firefighters shall also
include state supplemental pay or extra compensation paid by the state as authorized and
provided by law.
(4) "Disability" means a physical or mental impairment, which substantially limits
one or more of the major life activities, or a record of such impairment. Major life activities
include caring for one's self, walking, hearing, speaking, breathing, learning, performing
manual tasks, and working.
(5) "Elected official" means a person holding an office in a governmental entity of
the state or any of its political subdivisions which is filled by the vote of the appropriate
electorate.
(6) "Employee" means any person employed by any private or public employer.
Employee shall also include an elected or appointed official.
(7) "Employment" means a position as an employee with any private or public
employer. For purposes of this Part, employment shall include commencement of
employment, by any actions in furtherance of employment, once an offer has been extended
by an employer and accepted by an employee. For purposes of this Part, service in the
military service, greater than thirty days shall not be considered secondary employment.
(8) "Essential functions" means the fundamental job duties of the employment
position the person with a disability held or desires.
(9) "Public retirement system" means any public retirement or pension system, fund,
or plan maintained primarily for officers and employees of the state of Louisiana or of any
political subdivision thereof, or any district, board, commission, or other agency of either,
or of any other such public entity.
(10) "Reasonable efforts", in the case of actions required of an employer under this
Part, means actions, including training provided by an employer, that do not place an undue
hardship on the employer.
(11) "Service in the uniformed services" means the performance of duty on a
voluntary or involuntary basis in a uniformed service under competent authority and includes
active duty, active duty for training, initial active duty for training, inactive duty training,
full-time national guard duty, and a period for which a person is absent from a position of
employment for the purpose of an examination to determine the fitness of the person to
perform any such duty. "Service in the uniformed services" also means service in the armed
forces of the United States pursuant to authorization by the United States Congress or
presidential proclamation pursuant to the War Powers Resolution, 50 U.S.C. 1541 et seq.
"Service in the uniformed services" also means state active duty by members of the military
forces of this state, including the national guard and the Louisiana State Guard who are
activated pursuant to a call of the governor of this state or of any other state as provided for
by law.
(12) "Undue hardship", in the case of actions taken by an employer, means actions
requiring significant difficulty or expense, when considered in light of the nature and cost
of the actions needed under this Part; the overall financial resources of the facility or
facilities involved in the provision of the action; the number of persons employed at such
facility; the effect on expenses and resources, or the impact otherwise of such action upon
the operation of the facility; the overall financial resources of the employer; the overall size
of the business of an employer with respect to the number of its employees; the number, type,
and location of its facilities; and the type of operation or operations of the employer,
including the composition, structure, and functions of the work force of such employer; the
geographic separateness, administrative, or fiscal relationship of the facility or facilities in
question to the employer.
(13) "Uniformed services" means the following:
(a) The armed forces of the United States as defined by 10 U.S.C. 101(a)(4),
including reserved components of the armed forces, the commissioned corps of the Public
Health Service, and any other category of persons designated by the president in time of war
or emergency.
(b) The members of the military forces of the state of Louisiana, including the
Louisiana National Guard and the Louisiana State Guard.
(c) The members of the National Guard of other states and territories.