§3312. Use of sick leave

            A. Sick leave may be used as follows:

            (1) Sick leave with pay may be taken by an employee who has sufficient leave to his credit for the following:

            (a) Illness or injury which prevents performance of his usual duties.

            (b) Medical, dental, or optical consultation or treatment.

            (c) Care for an immediate family member who is ill or injured.

            (d) Accompanying an immediate family member to a medical, dental, or optical consultation or treatment.

            (2) The minimum charge for sick leave shall be four hours (1/2 day) and if more, shall be charged in hour increments to the nearest hour.

            (3) The employee may use sick leave for maternity purposes when postnatal or prenatal condition of the employee prevents the performance of usual duties provided the employee has sufficient sick leave credit. The limit to the use of sick leave for a postnatal condition is six weeks except if a physician certifies inability to return to work.

            (4) An appointing authority may advance sick leave with pay in an amount not exceeding twenty-two working days to an unclassified employee who has exhausted all his sick leave.

            (5) The value of any advanced sick leave which has not been repaid at the time of the employee separation from the unclassified service shall be deducted from his last paycheck and/or paid in cash to the appointing authority unless the separation is for the purpose of moving to another state agency, in which case the advanced sick leave shall be forwarded to the agency accepting him as an employee.

            (6) Upon separation caused by disability, death or retirement, all advanced sick leave shall be cancelled.

            (7) Upon death or retirement of an unclassified employee, sick leave accrued to his credit shall be computed and the value thereof shall be paid to him provided that the sick leave had been accrued under established leave regulations and a daily attendance record has been maintained for the employee by his supervisor, except that such payment shall not exceed the value of twenty-five working days computed on the basis of a five-day week and on a four-week per month basis for personnel employed on a less than twelve month employment basis and on the basis of a five-day week and fifty-two week year for twelve-month employees. The rate of pay shall be computed utilizing the base rate the employee is receiving at the time of termination.

            (8) As used in this Subsection, "immediate family member" means a spouse, parent, or child of an employee.

            B.(1) Notwithstanding any provision of Subsection A of this Section to the contrary, every unclassified employee who is employed by a public postsecondary education management board shall be entitled to and shall be allowed to use up to two days absence during each academic year without loss of pay for personal purposes as may be determined by the employee. The employee requesting such personal leave shall give his immediate supervisor at least twenty-four hours notice prior to taking the leave. The personal leave shall be charged to and deducted from the employee's sick leave for the current year or sick leave accumulated as provided by R.S. 17:3311. Personal leave shall not be accumulated from year to year nor shall personal leave be compensated for upon the death or retirement of the employee or paid in any other manner except as provided by this Subsection.

            (2) The provisions of this Subsection shall not be applicable to any unclassified employee who receives annual leave.

            Added by Acts 1975, No. 313, §2, eff. July 17, 1975; Acts 2008, No. 508, §1; Acts 2020, No. 241, §1, eff. June 11, 2020.