Louisiana Revised Statutes 33:2490 – Reinstatement and reemployment
Terms Used In Louisiana Revised Statutes 33:2490
- Appointing authority: means any official, officer, board, commission, council, or person having the power to make appointments to positions in the municipal fire and police services. See Louisiana Revised Statutes 33:2473
- Appointment: means the designation of a person, by due authority, to become an employee in a position, and his induction into employment in the position. See Louisiana Revised Statutes 33:2473
- Board: means the municipal fire and police civil service board. See Louisiana Revised Statutes 33:2473
- Classified service: means every appointive office and position of trust or employment in the municipal government which has as its primary duty one of the functions specifically set forth to be included in the classified service by the provisions of this Part; and excludes all elective and appointive offices and positions of trust or employment which have a primary duty specifically set forth to be included in the unclassified service by the provisions of this Part. See Louisiana Revised Statutes 33:2473
- Employee: means a person legally occupying a position. See Louisiana Revised Statutes 33:2473
- list: means a reinstatement employment list, a promotional employment list, a competitive employment list, and a reemployment list. See Louisiana Revised Statutes 33:2473
- permanent employee: means an employee who has been appointed to a position in the classified service in accordance with this Part after completing his working test period. See Louisiana Revised Statutes 33:2473
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Position: means any office and employment in the municipal fire and police services, the duties of which call for services to be rendered by one person. See Louisiana Revised Statutes 33:2473
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Promotion: means a change of an employee in the classified service from a position of one class to a position of a higher class which generally affords increased responsibilities and pay. See Louisiana Revised Statutes 33:2473
- Promotional seniority: means the total cumulative employment in a class of positions of the next lower class from which a promotion is to be made. See Louisiana Revised Statutes 33:2473
- Reemployment list: means an employment list for the entrance or lowest ranking class in the classified service, or in any group of classes as may have been grouped in the classification plan, containing names of regular employees who have been laid off under the "lay off" provisions of this Part. See Louisiana Revised Statutes 33:2473
- reinstatement list: means an employment list containing names of persons eligible for reinstatement in positions of a class from which they have been demoted for reasons other than disciplinary action. See Louisiana Revised Statutes 33:2473
- Seniority: means the following:
(a) "Departmental seniority" means the total employment computed for an employee beginning with the last date on which he was regularly and permanently appointed and has worked continuously to and including the date of computation. See Louisiana Revised Statutes 33:2473
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 La. Rev. Stat. 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.
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.