§ 33:2490 — Reinstatement and reemployment

§2490. Reinstatement and reemployment
A. Each employee who, during or at the expiration of his working test period of
probation following his promotion after being certified from an appropriate employment list,
is rejected and refused permanent status in the position and class to which he was promoted,
shall be automatically reinstated to the position from which he was promoted without his
name being placed upon any list.
B. All employees whose names appear upon the reinstatement list for a respective
class shall be reinstated in a position thereof, in the reverse order from which their names
were placed upon the list, before any other appointment is made therein.
C. All employees whose names appear upon the reemployment list for a class from
which they were laid off according to the provisions of R.S. 33:2499 shall be reemployed in
a position thereof, or offered such appointment, in the reverse order from which their names
were placed upon the list for the class, before any other employment or appointment is made
in it.
D. Any regular employee who resigns from a position in the classified service may,
with the prior approval of the board, be reemployed in a position of the class or in a position
of any lower class for which he is qualified, provided, that the reemployment is made within
four years of the date of resignation, and that no person whose name appears upon either the
reinstatement, promotional employment, or re-employment list for a class to which any such
person is reemployed is willing to accept an appointment therein. Any person who is
reemployed shall be physically fit to perform the duties of the position to which he is
appointed. He shall furnish a favorable medical certificate to the appointing authority and
the board after a recent examination by a practicing physician.
E.(1) Subject to the requirements of this Subsection, any regular employee who
resigns or retires as specified in Paragraph (3) of this Subsection from a position in the
classified service and who applies for reemployment shall be reemployed in a position of the
class in which he was employed immediately preceding his resignation or retirement.
However, if there are no available positions in his former class, he may be temporarily placed
in a position in any lower class. If the employee is temporarily placed in a position in a lower
class, he shall receive the same rate of pay, including longevity pay, that he would have
otherwise received for the position in which he was to be reemployed in his former class.
In addition, during his temporary placement, he shall be placed first on the eligibility list for
a position in his former class and shall not be required to retest for any such position. The
employee shall remain first on such list until he is appointed to a position in his former class.
(2)(a) Prior to reemployment, an employee shall give notice to the appointing
authority that the employee is able to return to work. An authorization from the employee's
treating physician certifying that the employee is able to perform the essential functions of
the position that were required at the time he was originally confirmed in such position shall
be included with the employee's notice to the appointing authority. Upon furnishing such
notice and certification to the appointing authority, the employee shall be deemed qualified
for the position. The board shall approve the reemployment of the employee and the
appointing authority shall reemploy such employee. The employee shall be considered a
permanent employee and shall not be required to serve a working test. In addition, the
employee shall be reemployed with the departmental and promotional seniority the employee
accrued during his employment including any such seniority that he would have accumulated
from the date of his separation through the date of reinstatement as if he remained in
continuous service.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, if the
appointing authority has a specific cause to dispute the certification of the employee's treating
physician, the appointing authority may have the employee evaluated by another physician
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. If there is a disagreement between the employee's treating physician and the
physician selected by the appointing authority, the two physicians shall select a third
physician whose opinion shall be determinative.
(3) The reemployment provided for in this Subsection applies only if a resignation
or retirement occurred as a result of the employee's 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 the employee's treating physician. In
addition, the reemployment provided for in this Subsection is available at any time after the
resignation or retirement of the employee.
F.(1) Subject to the requirements of this Subsection, any regular employee who
retires from a position in the classified fire service as a result of an injury or a medical
condition which prevents him from performing the essential functions of his job and who
applies for reemployment shall be reemployed in a position of the class in which he was
employed immediately preceding his retirement. However, if there are no available positions
in his former class, he may be temporarily placed in a position in any lower class. If the
employee is temporarily placed in a position in a lower class, he shall receive the same rate
of pay, including longevity pay, that he would have otherwise received for the position in
which he was to be reemployed in his former class. In addition, during his temporary
placement, he shall be placed first on the eligibility list for a position in his former class and
shall not be required to retest for any such position. The employee shall remain first on such
list until he is appointed to a position in his former class.
(2)(a) Prior to reemployment, an employee shall give notice to the appointing
authority that the employee is able to return to work. An authorization from the employee's
treating physician certifying that the employee is able to perform the essential functions of
the position that were required at the time he was originally confirmed in such position shall
be included with the employee's notice to the appointing authority. Upon furnishing such
notice and certification to the appointing authority, the employee shall be deemed qualified
for the position. The board shall approve the reemployment of the employee and the
appointing authority shall reemploy such employee. The employee shall be considered a
permanent employee and shall not be required to serve a working test. In addition, the
employee shall be reemployed with the departmental and promotional seniority the employee
had accrued as of the date of his retirement.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, if the
appointing authority has a specific cause to dispute the certification of the employee's treating
physician, the appointing authority may have the employee evaluated by another physician
for the limited purpose of confirming that the injury or medical condition that resulted in his
retirement no longer prevents him from performing the essential functions of the position.
If there is a disagreement between the employee's treating physician and the physician
selected by the appointing authority, the two physicians shall select a third physician whose
opinion shall be determinative.
(3) The reemployment provided for in this Subsection is available at any time after
the retirement of the employee.

Legislative History

Acts 1985, No. 540, §1; Acts 2012, No. 595, §1, eff. June 7, 2012; Acts 2014, No. 869, §1; Acts 2015, No. 240, §1, eff. Aug. 1, 2016; Acts 2015, No. 243, §1, eff. June 29, 2015; Acts 2021, No. 312, §1.