§1206.1. School employees; sick leave

A.(1) An employee of a city, parish, or other local public school board, as the word "employee" is defined in R.S. 17:1205, who is disabled while acting in his official capacity as a result of assault or battery by any student or person, shall receive sick leave without reduction in pay and without reduction in accrued sick leave days while disabled as a result of such assault or battery; however, if the employee is absent for six or more consecutive days as a result of such disability, he shall be required to present a certificate from a physician certifying the disability. If the employee who is receiving sick leave without reduction as described in this Section begins to draw his benefit from the Teachers' Retirement System of Louisiana or the Louisiana School Employees' Retirement System, the leave shall cease.

(2) The sick leave authorized by this Section shall be in addition to all other sick leave authorized by R.S. 17:1206, provided that additional sick leave for disability as a result of assault or battery shall not be accumulated from year to year, nor shall such additional sick leave be compensated for at death or retirement, or compensated for in any other manner except as authorized in this Section.

B. An employee of the parish or city school boards of this state, as the word "employee" is defined in R.S. 17:1205, who is disabled while acting in his official capacity as a result of physical contact with a student while providing physical assistance to a student to prevent danger or risk of injury to the student, shall receive sick leave for a period up to ninety days without reduction in pay and without reduction in accrued sick leave days while disabled as a result of rendering such assistance. Such employee shall be required to present a certificate from a physician certifying the disability. Nothing in this Section shall prohibit a city or parish school board from extending this period beyond ninety days.

C. At any time during the period of certified disability, if the school board questions the validity or accuracy of the physician certification, the board may require the employee be examined by a physician selected by the board. In such a case, the board shall pay all costs of the examination and any tests determined to be necessary. If the physician selected by the board certifies the disability, the leave shall be granted or continued as appropriate. If the physician selected by the board disagrees with the certification of the physician selected by the employee, the board may require the employee to be examined by a third physician whose name appears next in the rotation of physicians on a list established by the local or state medical society for such purpose and maintained by the board. All costs of an examination and any tests required by a third physician shall be paid by the board. The opinion of the third physician shall be determinative of the issue.

D.(1) The school board shall not reduce the pay or accrued sick leave of an employee who is absent from his duties to seek medical attention or treatment as a result of an injury as provided in this Section.

(2) If the employee's physician determines that he is able to return to active service as a school employee with restrictions and the board does not allow the employee to return to active service as a school employee subject to those restrictions, then the employee's leave shall be granted or continued, as appropriate, as provided in this Section.

Acts 1991, No. 360, §1, eff. July 6, 1991; Acts 2014, No. 741, §1; Acts 2017, No. 227, §1.