Leaves of Absence
La. R.S. 2214 Each employee of the police department is entitled to 52 weeks of sick leave per calendar year, even when the disability is not work related, as long as conditions actually warrant.
Persons filling the following positions in the Bossier City Police Department, who were hired on or after January 1, 1996, do not constitute “employees of the police department” for the purposes of La. R.S. 33:2214(B)(1): Secretary to the Police Chief, Police Departmental Records Clerk, Public Information Officer, Police Communications Officer I, Police Communications Officer II, and Chief of Communications.
Pursuant to La. R.S. 42:394, the City of Sulphur as a
public employer is required to grant fifteen days of paid
military leave to a City employee who voluntarily enlisted
for a minimum of three years in the National Guard.
Employees of the Bogalusa Police Department may not take a paid vacation day off and work on that vacation day in order to draw both vacation pay and regular (and overtime). To do so would violate the provisions of the Louisiana Constitution Article VII, Section 14 of the Louisiana Constitution.
There are no state laws that prohibit placing a local police department employee on administrative leave with pay while under investigation. The ordinances of the local governing authority and civil service rules would have to be considered.
An employee may use accrued sick leave when absent from work pursuant to a FMLA situation (when employee sick or for an ill family member) only if the employer’s leave policy allows sick leave to be used for that purpose.
FMLA Section 825.207 states that substitution of paid sick/medical leave may be elected to the extent the circumstances meet the employer’s usual requirements for the use of sick/medical leave. The employer’s uniform policy must normally allow for the paid leave.
Fifteen days mandated annual vacation leave refers to fifteen eight-hour calendar days. The police officer is then entitled to a total vacation period of 120 hours annually.
The Leesville Municipal Fire and Police Civil Service Board has exclusive authority to provide for annual and sick leave for fire an police personnel.
87-10-06 (87-295) http://www.ag.state.la.us/ShowDoc.asp?DocID=10520
Employee may continue to receive sick leave compensation while engaged in "outside employment" under certain circumstances. Injury or disability need not happen on job to be eligible for sick pay under R.S. 33:1995.
86-12-29 (86-751) http://www.ag.state.la.us/ShowDoc.asp?DocID=10252
Fifteen (15) days without loss of pay or benefits are required by R.S. 42:394 when employ is ordered to military duty.
State Supplemental Pay is included in computation of sick leave benefits.
(1) It is not legal for a public employee to be paid vacation pay and during the same pay period receive his regular salary, notwithstanding an agreement
that the employee will later take a vacation without pay. (2) Injured public
employees cannot be paid unearned wages in excess of the amount provided by law
for workmen's compensation. (3) It is not legal for a public employee to be
paid his regular salary when he does not work, but pays someone else to work
Following work day may not be considered holiday when holiday falls on employee's day off. Employee's birthday is not legal holiday, but authority may so declare for police employees. Additional compensation is one times the regular rate of pay.
A patrolman who is on sick leave is entitled to 15% salary increase given to all full time city employees effective 12-19-80.
Fire fighter is entitled to 52 week period for sick leave period. No specific amount of time must be served on the job between sick leave periods. The 52 week sick leave period is not restricted to one calendar year. R.S. 33:1995
Fifty-two (52) week or calendar year would start when employee first went out on sick leave even though the employee briefly returned to work on "light-duty".
Employee is entitled to fifty-two weeks in a calendar year when the conditions actually warrant (Hoffpauir v. City of Crowley)
After one year has elapsed since a person was placed on sick leave, he may be terminated if he cannot return to work in his regular position.
(letter to New Iberia)
A policeman is allowed sick leave benefits for 52 weeks a year whenever he is actually sick or injured, whether or not the disability occurred while in the performance of his duty.
Definition of "when conditions actually warrant".
Sick leave provisions of R.S.33:1995 apply to probational as well as permanent employees. (13,000+ cities and fire districts.)
Sick benefits provided in R.S. 33:2214 are in addition to benefits provided under civil service law.
R.S. 33:221, R.S. 33:2211
Municipalities of less than 7,000 may regulate sick leave for its police but in municipalities of 7,000 to 250,000 sick leave regulations are controlled by the civil service board.
R.S. 33:2557, 33:2497, Article X, Sec. 16, LA Const. of 1974
Civil service board is the proper authority to adopt rules and regulations for all types of leave for the employees covered under the jurisdiction of the board. R.S. 33:2214 and 33:1995 and 33:1996 does not apply to municipalities with a population of less than 13,000.