Amendment vs bill House Committee Amendment, #6032, APP, Draft vs Enrolled

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Regular Session ENROLLED SENATE BILL NO.
HCASB157 4448 6032 HOUSE COMMITTEE AMENDMENTS Regular Session Amendments proposed byHouse Committee on Appropriations to Re-Reengrossed Senate Bill No.
157 BYSENATORJENKINSANDREPRESENTATIVESADAMS,BRASS,BROUSSARD, CARPENTER, CARRIER, CHASSION, COATES, FISHER, FONTENOT, FREEMAN, FREIBERG, GREEN, DANA HENRY, JACKSON, KNOX, LAFLEUR, TERRY LANDRY, LYONS, MACK, MARCELLE, MARTINEZ, MENA, MURRAY, NEWELL, SCHLEGEL, STAGNI, TAYLOR, WALTERS AND YOUNG AN ACT To enact Subpart C-1 of Part X of Chapter 2 of Title 17 of the Louisiana Revised Statutes of1950, to becomprisedofR.S.
157 by Senator Jenkins AMENDMENT NO.
17:1214 and 1214.1, and R.S.
1 On page 5, at the beginning of line 17, delete "(2)" and insert "(2)(a)" AMENDMENT NO.
17:3996(B)(92),and to repeal R.S.
2 On page 5, at the beginning of line 19, insert "(b)" AMENDMENT NO.
17:48, 500.2(A)(1)(b), 1202(A)(1)(b), 1206.2(A)(1)(b), and 1211, relative to parental leave for educators;
3 On page 6, at the beginning of line 21, delete "F.(1) The" and insert "F.(1) Subject to the availability of funds in a fiscal year, the" AMENDMENT NO.
to provide for paid leave for eligible employees;
4 On page 7, delete lines 4 through 16 in their entirety and insert the following:
to provide for definitions;
"A.
to provide for requirements to qualify for parental leave;
There is hereby established in the state treasury, as a special fund, the Paid Parental Leave for Educators Fund, hereinafter referred to in this Section as the "fund".
to provide for compensation and length of time for use of parental leave;
B.AfterallocationofmoneytotheBondSecurityandRedemptionFund as provided in Article VII, Section (9)(B) of the Constitution of Louisiana, the treasurer shall deposit into the fund any monies designated for the fund and receivedby thestatetreasurerfromdonations,gifts,grants,appropriations,or any other source of revenue.
to provide for policies and procedures to implement the parental leave;
C.Moniesin the fund shall be invested in thesamemanneras monies in the state general fund.
to provide for certain notification;
Interest earned on investment of monies in the fund shall be deposited into the fund.
to provide for a special fund;
to provide for implementation;
to provide for an effective date;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
Subpart C-1 of Part X of Chapter 2 of Title 17 of the Louisiana Revised Statutesof1950,comprisedofR.S.17:1214and1214.1,andR.S.17:3996(B)(92)arehereby enacted to read as follows:
SUBPART C-1.
PARENTAL LEAVE §1214.
Parental leave for educators;
tenure status unaffected;
definitions A.
As used in this Subpart, the following terms have the following meanings:
(1) "Child" means under the age of eighteen years, the biological, adopted, or foster child, stepchild, legal ward, or other minor to whom a covered individual stands in loco parentis.
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SB NO.
157 ENROLLED (2) "Department" means the Louisiana Department of Education.
(3) "Eligible employee" means any individual identified in R.S.
17:43, 17:411, 17:441, 17:491, 17:1170, 17:1200, or 17:1205 who is classified as full or part time and has been employed for at least twelve months with a local education agency.
(4)"LEA"means localeducation agency,which has thesamedefinition as in R.S.
17:1942.
(5) "Paid parental leave" means six weeks, or two hundred forty hours, ofpaidleaveatonehundredpercentoftheeligibleemployee'sbasepaywithout deduction to an eligible employee's current or accrued annual, sick, or compensatory leave balances.
(6) "Qualifying event" means:
(a) Before and after the birth of a child, including but not limited to prenatal and postnatal appointments.
(b) Pregnancy loss, including stillbirth.
(c) Placement of a child with the employee for adoption, including but not limited to mandatory meetings related to adoption or preplacement and post-placement court proceedings.
(d)Placementof achild with the employee forfostercare,including but notlimitedtomandatorymeetingsrelatedtofosterplacementorpreplacement and post-placement court proceedings.
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(7) "Superintendent" means the superintendent of the Louisiana Department of Education.
B.(1) Pursuant to this Section, every city, parish, and other local public school board shall:
(a) Grant paid parental leave to an eligible employee who experiences a qualifying event, and as of the date of the qualifying event has been employed by the LEA for at least twelve months.
(b) Allow the position to be filled by the appointment of substitute teachers when it has been temporarily vacated by a teacher who has been Page 2 of 8 Coding:
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words in boldface type and underscored are additions.
SB NO.
157 ENROLLED granted paid parental leave, or by a teachertransferred to the position when it has been temporarily vacated by a teacher taking a maternity, foster, or adoptiveleavepursuanttothisSection.Asubstituteteacherappointedpursuant to this Subparagraph shall not acquire any tenure rights or privileges, unless thesubstituteteacherhassubsequentlybeenappointedtofillaregularvacancy and has the necessary qualifications.
(c) Restore an eligible employee to the same position and same assignment at the same school held before the taking of paid parental leave upon return from such leave.
(d)Allowaneligibleemployeetousepaidparentalleavecontinuouslyor intermittently,providedthatthepaidparentalleaveisusedwithintwelveweeks of the qualifying event.
(e)Prohibit an eligible employeewho takes fewer than six weeks, ortwo hundred forty hours, of paid parental leave reserving his remaining weeks of paid parental leave for a subsequently occurring qualifying event.
(f) Compensate a full-time employee at the rate of one hundred percent of the employee's base pay pursuant to the salary schedule provided in R.S.
17:418 for a period not to exceed six weeks during the available leave period.
(g)Compensateapart-timeemployeeattherateofonehundredpercent of the employee's base pay for a period not to exceed six weeks, based upon a proratedbasiscorrespondingtothepercentageofhourstheemployeenormally works.
(h) Prohibit the donation of paid parental leave to another employee or leave pool.
(i)Allowbothparents,iftheyareeligibleemployees,paidparentalleave to be taken concurrently, consecutively, or at a different time as the other eligible employee.
(j) Prohibit requiring the use of an eligible employee's sick, annual, or otheraccruedleavebeforetakingpaidparentalleave.Paidparentalleaveshall runconcurrentlywithleaverequestedundertheFamilyandMedicalLeaveAct Page 3 of 8 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
157 ENROLLED "FMLA".
(k) At least twelve months must elapse from the beginning of one parental leave period before an employee is eligible for another parental leave period.
For a new parental leave period, there must be a new qualifying event on or after the twelve month waiting period.
(2)(a) It shall be unlawful for an LEA or any other person to commit interference or restrain or deny the exercise of, or the attempt to exercise, any right protected under this Section.
(b)ItshallbeunlawfulforanLEA'sabsencecontrolpolicytocountpaid parentalleavetakenunderthisSection,asanabsencethatmayleadtoorresult in discipline, discharge, demotion, suspension, or any other adverse action.
(3) The granting of paid parental leave shall not affectany of the tenure rights or privileges which the eligible employee may have acquired.
(4)(a) The provisions of this Section shall not diminish an employer's obligationtocomplywithanyofthefollowingthatprovidemoregenerousleave or more generous benefits:
(i) A collective bargaining agreement.
(ii) An employer policy.
(iii) An employment contract.
(iv) Any applicable local, state, or federal law.
(b) An individual's rights, privileges, or remedies to paid parental leave and benefits under this Section shall not be diminished by a collective bargaining agreement entered into, retained, amended, or renewed, or an employer policy adopted, amended, or retained, after the effective date of this Section.
(c) The provisions of this Section shall not diminish an individual's rights, privileges, or remedies under a collective bargaining agreement, employer policy, or employment contract, as applicable.
(d) Any agreement by an individual to waive the individual's rights under the provisions of this Section is null and void as against public policy.
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words in boldface type and underscored are additions.
SB NO.
157 ENROLLED C.
Every city, parish, and other local public school board shall adopt policies and proceduresto give effectto the intent and purposes of this Section.
However, unless as otherwise indicated, the following applies:
(1)Priortotakingpaidparentalleave,aneligibleemployeeshallsubmit a request for paid parental leave form thirty days before the qualifying event to the LEA.
However, if an eligible employee learns of the qualifying event less than thirty days in advance of the qualifying event then the eligible employee must give written notice of the qualifying event to the LEA as soon as reasonably possible to receive paid parental leave.
(2)(a)Each LEA shall have the requesting employee complete a request for leave form developed by the superintendent prior to the granting of leave.
(b) In addition to the request form, an LEA shall require an employee requestingpaidparentalleavetoproducesupportingdocumentsofhisrequest, such as a birth certificate or insurance certificate confirming his relationship tothechildforwhomparentalleaveisrequestedorproofofattendanceatcourt proceedings or other mandated meetings related to adoption or foster placement.
It shall not be required by an LEA that an employee produce medical records or scientific evidence to prove paternity.
(3)EachLEAshallprovidewrittennoticetoeachemployeeupon hiring and annually thereafter of all of the following:
(a) Its policies and procedures, pursuant to this Subsection.
(b)Theemployee'srighttoparentalleavebenefitsunderthisSectionand the terms under which it may be used.
(c) The amount of parental leave benefits available to the employee.
(d) The procedure for applying for parental leave.
(e)That discrimination and retaliatoryactions against an employee,for requesting,applying for,orusing parentalleavebenefits,areprohibitedunder Subsection B of this Section.
(f) That the employee has a right to file a grievance against an LEA for violating the provisions of this Section.
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Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
157 ENROLLED D.
Any eligible employee who believes that his rights under this Section have been violated, restrained, or denied or that he has been discharged or otherwise discriminated against, may within twenty-four months after the violation occurs, or the employee should reasonably have known that the violation occurred, file a grievance pursuant to R.S.
17:100.4.
E.
Each LEA shall display and maintain aposterin aplaceaccessibleto employees at the employer's place of business that contains the information requiredbythisSectioninaformapprovedbythedepartment.However,inthe event the LEA does not maintain a physical workplace, or an employee tele- works or performs work through a web-based or app-based platform, notification shall be sent by electronic communication or a posting in the web-based or app-based platform.
F.(1) Subject to the availability of funds in a fiscal year, the department shall reimburse an LEA, from the special fund created pursuant to R.S.
17:1214.1, that provides paid parental leave in an amount equal to the cost of substitute employees required to fill the position of an eligible employee on parental leave not to exceed six weeks.
(2)Thedepartmentshalluseexistingcommunicationmethodstoinform workers and employers regarding the availability of paid parental leave benefits.
G.
If any provision of this Section or the application thereof is held invalid as to any person or circumstance, such invalidity shall not affect other provisions or applications of this Section which can be given effect without the invalid provisions or applications.
§1214.1.
Paid Parental Leave For Educators Fund A.Thereisherebyestablishedinthestatetreasury,asaspecialfund,the PaidParentalLeaveforEducatorsFund,hereinafterreferredtointhisSection as the "fund".
B.AfterallocationofmoneytotheBondSecurityandRedemptionFund as provided in Article VII, Section (9)(B) of the Constitution of Louisiana, the Page 6 of 8 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
157 ENROLLED treasurer shall deposit into the fund any monies designated for the fund and receivedbythestatetreasurerfromdonations, gifts,grants,appropriations,or any other source of revenue.
C.
Monies in the fund shall beinvestedin thesamemanneras monies in thestategeneralfund.Interestearnedoninvestmentofmoniesinthefundshall be deposited into the fund.
17:1214.
17:1214." Page 1 of 1 CODING:
* * * §3996.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
Charter schools;
exemptions;
requirements * * * B.
Notwithstanding any state law, rule, or regulation to the contrary and except as may be otherwise specifically provided for in an approved charter, a charter school established and operated in accordance with the provisions of this Chapter and its approved charter and the school's officers and employees shall be exempt from all statutory mandates or other statutory requirements that are applicable to public schools and to public school officers and employees except for the following laws otherwise applicable to public schools with the same grades:
* * * (92) Paid parental leave, R.S.
17:1214.
* * * Section2.R.S.17:48,500.2(A)(1)(b),1202(A)(1)(b),1206.2(A)(1)(b),and1211are hereby repealed.
Section 3.
The rules and regulations necessary for the implementation of the provisions of this Act shall be adopted and promulgated by November 1, 2026.
Section 4.
The implementation of the provisions of this Act shall be subject to the appropriation of funds by the legislature for this purpose.
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SB NO.
157 ENROLLED Section 5.
This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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