§500.1. School bus operators; sick leave

A. A school bus operator as defined in R.S. 17:500 who is injured in his official capacity as a result of physical assault and battery by any student or person and is disabled as a result of such injury and cannot perform his functions as a school bus operator, shall receive sick leave without reduction in pay while disabled as a result of such injury. If a school bus operator 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. The sick leave authorized by this Section shall be in addition to all other sick leave authorized by R.S. 17:500, provided that additional sick leave for disability as a result of physical assault and 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. At any time during the period of certified disability, if the school board questions the validity of the physician certification, the board may require the school bus operator to 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 school bus operator, the board may require the school bus operator 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.

C. (1) The school board shall not reduce the pay or accrued sick leave of a school bus operator 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 school bus operator's physician determines that he is able to return to active service as a school bus operator with restrictions and the board does not allow the school bus operator to return to active service as a school bus operator subject to those restrictions, then the school bus operator's leave shall be granted or continued, as appropriate, as provided in this Section.

D. As used in this Section, "disabled" or "disability" means unable to or the inability to perform the essential functions of the job of a school bus operator.

Added by Acts 1976, No. 501, §1; Acts 2017, No. 227, §1.