§500. Sick leave for school bus operators; minimum pay for substitute
A. The term "school bus operator", as used in this Section, shall mean any
individual who operates a school bus transporting children under the supervision of
the public school system of the state of Louisiana.
B.(1) All school bus operators employed by the parish and the city school
boards of this state shall be entitled to and shall be allowed a minimum of ten days
absence per school year because of personal illness or because of other emergencies,
without loss of pay. Such sick leave when not used in any year shall be accumulated
to the credit of the school bus operator without limitation. Provided that when a
school bus operator is absent for six or more consecutive days because of personal
illness, he shall be required to present a certificate from a physician, physician
assistant providing health care services in accordance with R.S. 37:1360.28, or nurse
practitioner providing health care services in accordance with R.S. 37:913 certifying
such illness; provided, further, that the parish and city school boards are authorized
to adopt such rules and regulations as are necessary relative to the use of such sick
leave, either current or accumulated, for emergencies. The parish and city school
boards may grant additional sick leave, without loss of pay, or with such reduction
of pay as they may establish and fix.
(2) The minimum of ten days of sick leave provided in this Subsection shall
be allowed based on a school bus operator beginning work at the beginning of a
school year. In the case of a school bus operator who begins work in the first month
of a school year, ten days shall be allowed; in the case of a school bus operator who
begins work in the second month of a school year, nine days shall be allowed; in the
case of a school bus operator who begins work in the third month of a school year,
eight days shall be allowed; in the case of a school bus operator who begins work in
the fourth month of a school year, seven days shall be allowed; in the case of a school
bus operator who begins work in the fifth month of a school year, six days shall be
allowed; in the case of a school bus operator who begins work in the sixth month of
a school year, five days shall be allowed; in the case of a school bus operator who
begins work in the seventh month of a school year, four days shall be allowed; and,
in the case of a school bus operator who begins work in the eighth month or
thereafter of a school year, three days shall be allowed.
(3) Upon the retirement of any school bus operator, or upon his death prior
to retirement, his employer shall pay to such school bus operator, or to his heirs or
assigns, sick leave which has accrued to such school bus operator, but which remains
unused at the time of his retirement or at the time of his death if prior to retirement,
not to exceed twenty-five days of such unused sick leave. Such pay shall be at the
rate of pay received by the school bus operator at the time of retirement or death prior
to retirement; provided that any parish or city school board may pay such unused sick
leave beyond twenty-five days at its discretion.
C.(1) Each substitute school bus operator, substituting for a regular school
bus operator who is on sick or emergency leave, shall be paid by the employing
school board a daily sum for each day's actual operation of the bus, which shall be
not less than sixty-five percent of the daily rate of pay being paid the regular bus
operator, to be computed by dividing the annual pay of the regular operator by the
number of school days in the regularly scheduled session, exclusive of any
compensation or mileage allowance for use of a privately owned bus.
(2)(a) The provisions of this Subsection for the compensation of a substitute
school bus operator are applicable and may be used only when the regular operator
is on leave and is expected to return to his route.
(b)(i) Whenever a vacancy occurs on a route due to death, resignation,
retirement, or the expiration of the regular operator's approved leave or a new route
is established, the route shall be filled with a regular school bus operator as provided
in R.S. 17:493.1 no later than the following school year unless the route is
consolidated or eliminated.
(ii) A substitute bus operator may only be used as a temporary measure until
a permanent operator can be appointed to a route. A substitute operator may not
drive a route for a period that exceeds the end of the school year during which the
operator began driving the route. The vacant route shall be filled in accordance with
R.S. 17:493.1.
(c) If an operator is on approved leave, his route shall not be considered a
vacant route. A substitute shall be used to drive a route for an operator on approved
leave regardless of the length of time of the approved leave.
Acts 1954, No. 146, §§1, 2; Acts 1958, No. 398, §1; Acts 1960, No. 255, §2;
Acts 1970, No. 646, §1; Acts 1984, No. 129, §1; Acts 1985, No. 369, §1; Acts 1990,
No. 1077, §1; Acts 1993, No. 826, §1, eff. June 22, 1993; Acts 1995, No. 948, §1;
Acts 1999, No. 663, §1, eff. July 1, 1999; Acts 2020, 2nd Ex. Sess., No. 34, §1, eff.
Oct. 28, 2020.