Text of LA SB 217 (2004)

SLS 04-395 ORIGINAL Page 1 of 3 CODING: Words in struck through are deletions from existing law; words underscored and boldfaced are additions. Regular Session, 2004 SENATE BILL NO. 217 BY SENATOR FIELDS EMPLOYMENT. Provides for employees to use employer-granted leave to care for family members with serious medical conditions. (gov sig) AN ACT 1 To enact Part XII of Chapter 9 of Title 23 of the Louisiana Revised Statutes of 1950, to be 2 comprised of R.S. 23:1020.1 through 1020.3, relative to employment; to provide for 3 employees to use employer-granted leave to care for family members with serious 4 medical conditions; to provide for definitions; and to provide for related matters. 5 Be it enacted by the Legislature of Louisiana: 6 Section 1. Part XII of Chapter 9 of Title 23 of the Louisiana Revised Statutes of 1950, 7 comprised of R.S. 23:1020.1 through 1020.3. is hereby enacted to read as follows: 8 PART XII. FLEXIBLE SICK LEAVE 9 Part XII is all proposed new law. 10 §1020.1 Definitions 11 R. S. 23:1020.1 is all proposed new law. 12 When used in this Part, the following words and phrases have the meaning 13 ascribed to them in this Part, unless the context clearly indicates a different meaning: 14 (1) "Child" means a biological, adopted, or foster child, a stepchild, or a legal 15 ward who is: 16 (a) Under eighteen years of age; or 17 SLS 04-395 ORIGINAL Page 2 of 3 CODING: Words in struck through are deletions from existing law; words underscored and boldfaced are additions. (b) Eighteen years of age or older and incapable of self-care because of a 1 mental or physical disability. 2 (2) "Grandparent" means a parent of a parent. 3 (3) "Parent" means a biological parent, foster parent or adoptive parent. 4 (4) "Parent-in-law" means a parent of a spouse. 5 (5) "Sick leave or other paid time off" means time allowed under the terms of 6 a collective bargaining agreement or written or practiced employer policy, as 7 applicable, to an employee for illness, vacation, or personal holiday. 8 (6) "Spouse" means a husband, wife or domestic partner. 9 §1020.2 Use of Sick Leave 10 R.S. 23:1020.2 is all proposed new law. 11 (A) If, under the terms of an employment contract, a collective bargaining 12 agreement or employer policy whether written or practiced, an employee is entitled 13 to sick leave or other paid time off, then the employer shall allow the employee to use 14 any or all of the employee's choice of sick leave or other paid time off to care for: 15 (1) A child of the employee with a health condition that requires medical 16 treatment or medical supervision; or 17 (2) A spouse, parent, parent-in-law, or grandparent of the employee who has 18 a serious health condition or an emergency condition. 19 (B) An employee may not exercise a right under this Part to take leave until 20 it has been earned. The employee taking leave under the circumstances described in 21 this Part must comply with the terms of the collective bargaining agreement or 22 employer policy applicable to the leave, except for any terms which contradict this 23 Part. 24 §1020.3 Enforcement 25 R.S. 23:1020.3 is all proposed new law. 26 (A) This Part shall be enforced by the Louisiana Department of Labor, which 27 shall promulgate such regulations as are necessary to implement and administer 28 compliance. Regulations shall include procedures to receive, investigate and attempt 29 SLS 04-395 ORIGINAL Page 3 of 3 CODING: Words in struck through are deletions from existing law; words underscored and boldfaced are additions. to resolve complaints; and bring actions in any court of competent jurisdiction to 1 recover appropriate relief for aggrieved employees. 2 (B) An employer shall not discharge, threaten to discharge, demote, suspend, 3 discipline, or otherwise discriminate against an employee because the employee 4 exercised, or attempted to exercise, any right under this Part, or filed a complaint, 5 testified, or assisted in any proceeding to enforce this Part. 6 Section 2. This Act shall become effective upon signature by the governor or, if not 7 signed by the governor, upon expiration of the time for bills to become law without signature 8 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 9 vetoed by the governor and subsequently approved by the legislature, this Act shall become 10 effective on the day following such approval. 11 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Cheryl Cooper. DIGEST Proposed law would provide that employers shall allow employees to use any or all of the employee's choice of sick leave or other paid time off to care for a child, spouse, parent, parent-in-law, or grandparent of the employee with a serious health condition. Requires that an employee have earned leave before exercising any right under this legislation. Requires that the employee must comply with the terms of any collective bargaining agreement or employer policy applicable to the leave requested. Grants authority to the Department of Labor to promulgate any rules necessary to achieve compliance. Proposed law provides for definitions. Effective upon signature of the governor or lapse of time for gubernatorial action. (Adds R.S. 23:1020.1 - 1020.3)