§ 33:2214 — Annual vacation; sick leave; recovery from third persons

Louisiana § 33:2214

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§2214. Annual vacation; sick leave; recovery from third persons
A.(1) Each employee of the police departments of the municipalities
embraced by this Subpart, except the city of Westwego, shall, after having
served one year with a respective department, be entitled and given with full
pay an annual vacation leave of fifteen days during each calendar year, which
shall not be denied to any such employee for any reason whatsoever.
(2) This Subsection shall also apply to municipalities having a
population of more than two hundred fifty thousand.
B.(1) Each employee of the police departments of the municipalities
covered by this Subpart, except the city of Westwego, shall be entitled to and
given with full pay a sick leave aggregating not less than fifty-two weeks
during any calendar year when the conditions actually warrant. Any police
department employee who draws such full pay during sick leave shall have
such pay decreased by the amount of workers' compensation benefits actually
received by such employee.
(2) An employee of the police department, for purposes of this
Subsection, shall not include personnel employed primarily to perform purely
clerical or nonenforcement duties, including but not limited to the following:
typographical duties, office machine operators, switchboard operators, filing
clerks, stenoclerk, stenographers, and secretaries.
C.(1) When the cause for the granting of such sick leave is injury or
disease sustained under circumstances creating in some third person other than
the municipality a legal liability to pay damages in respect thereto, the
municipality may bring suit against such third person to recover any amount
which it has paid to its employee as sick leave under the provisions of this
Section. If either the employee or the municipality brings suit against such
third person, he or it shall forthwith notify the other in writing of this fact and
of the name of the court in which the suit is filed, and such other may intervene
as party plaintiff in the suit.
(2) In the event the municipality or the employee becomes party
plaintiff in a suit against such third person and damages are recovered, such
damages shall be so apportioned in the judgment that the claim of the
municipality for the sick leave actually paid shall take precedence over that of
the employee. If the damages are not sufficient or are sufficient only to
reimburse the municipality for the sick leave which it has paid, such damages
shall be assessed solely in its favor. However, if the damages are more than
sufficient to so reimburse the municipality and to also reimburse it any other
sums due it by such third person under the Workers' Compensation Act, then
the excess shall be assessed in favor of the employee, and upon payment
thereof to the employee, the liability of the municipality for additional sick
leave beyond that already paid, insofar as relates to such injury or disease, shall
cease to the extent of the amount actually so paid by such third person to the
employee.
(3) No compromise with such third person by either the municipality
or the employee shall be binding upon or affect the rights of the other.
D. Notwithstanding any other provision of law to the contrary, the
provisions of Subsections B and C of this Section shall be applicable to the
employees of the Baton Rouge Metropolitan Airport Police/Aircraft Rescue
Fire Fighting unit.
NOTE: See Acts 1995, No. 446, §2 making Act
applicable only to employees hired after 1/1/96.

Legislative History

Amended by Acts 1968, No. 97, §1; Acts 1983, 1st Ex.Sess., No. 1, §6; Acts 1986, No. 671, §1; Acts 1995, No. 446, §1; Acts 2001, No. 370, §1.