Read the full stored bill text
HLS 26RS-2647 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 1111
BY REPRESENTATIVE KERNER
CIVIL SERVICE/FIRE & POL: Provides relative to the reemployment of certain
employees of the fire and police civil service
1 AN ACT
2 To amend and reenact R.S. 33:2490(E) and (F) and 2550(E) and (F), relative to the fire and
3 police civil service; to provide relative to employees who are separated from the
4 classified service due to an injury or medical condition; to provide relative to the
5 position and class to which employees may be reemployed; to provide relative to the
6 qualifications, compensation, and seniority of any such employees; and to provide
7 for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 33:2490(E) and (F) and 2550(E) and (F) are hereby amended and
10 reenacted to read as follows:
11 §2490. Reinstatement and reemployment
12 * * *
13 E.(1) Subject to the requirements of this Subsection, any regular employee
14 who resigns or retires is separated from service as specified in Paragraph (3) of this
15 Subsection from a position in the classified service and who applies for
16 reemployment shall be reemployed in a position of the class in which he was
17 employed immediately preceding his resignation or retirement separation. The
18 determination of whether a separation from service is the result of an injury or
19 medical condition arising out of and in the course and scope of employment, or is
20 non-duty-related, shall be made by the employee's treating physician. However, if
Page 1 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2647 ORIGINAL
HB NO. 1111
1 there are no available positions in his former class, he may be temporarily placed
2 shall have the option to remain on an active reemployment eligibility list for the
3 former class until such position becomes available or accept temporary placement
4 in a position in any lower class. If the employee is temporarily placed in a position
5 in a lower class, he shall receive the same rate of pay, including longevity pay, that
6 he would have otherwise received for the position in which he was to be reemployed
7 in his former class. In addition, during his temporary placement, he shall be placed
8 first on the eligibility list for a position in his former class and shall not be required
9 to retest for any such position. During any period of temporary placement or while
10 remaining on an active reemployment eligibility list, the employee shall be placed
11 first on the eligibility list for a position in his former class and shall not be required
12 to retest. The employee shall remain first on such list until he is appointed to a
13 position in his former class.
14 (2)(a) Prior to reemployment, an employee shall give notice to the
15 appointing authority that the employee is able to return to work. An authorization
16 from the employee's treating physician certifying that the employee is able to
17 perform the essential functions of the position that were required at the time he was
18 originally confirmed in such position shall be included with the employee's notice
19 to the appointing authority. Upon furnishing such notice and certification to the
20 appointing authority, the employee shall be deemed qualified for the position. The
21 board shall approve the reemployment of the employee and the appointing authority
22 shall reemploy such employee. The employee shall be considered a permanent
23 employee and shall not be required to serve a working test. In addition, the
24 employee shall be reemployed with the departmental and promotional seniority the
25 employee accrued during his employment including any such seniority that he would
26 have accumulated from the date of his separation through the date of reinstatement
27 as if he remained in continuous service. The employee shall retain longevity, salary
28 step placement, and pay progression status. The employee shall receive all benefits,
29 rights, and privileges equal to those of similarly situated employees of the same rank,
Page 2 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2647 ORIGINAL
HB NO. 1111
1 classification, tenure, longevity, and seniority who remained continuously
2 employed.
3 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
4 if the appointing authority board has a specific cause to dispute the certification of
5 the employee's treating physician, the appointing authority board may have the
6 employee evaluated by another physician for the limited purpose of confirming that
7 the injury or medical condition that resulted in his resignation or retirement
8 separation from service no longer prevents him from performing the essential
9 functions of the position. If there is a disagreement between the employee's treating
10 physician and the physician selected by the appointing authority board, the two
11 physicians shall select a third physician whose opinion shall be determinative. The
12 physician selected by the board shall be independent and shall not be regularly
13 retained by the appointing authority.
14 (3) The reemployment provided for in this Subsection applies only if a
15 resignation or retirement occurred as a result of the employee's being unable to
16 perform the essential functions of his job after sustaining an injury or developing a
17 medical condition during the course and scope of his employment as determined by
18 the employee's treating physician shall apply to any employee who is separated from
19 service and who previously sustained an injury or developed a medical condition
20 arising out of and in the course and scope of employment, which condition resulted
21 in the employee being unable to perform the essential functions of the position,
22 whether such inability was temporary or permanent, as determined by the employee's
23 treating physician, and who is subsequently able to perform the essential functions
24 of the position. Eligibility for reemployment under this Subsection shall be
25 determined solely upon the existence of such job-related injury or medical condition,
26 the resulting inability to perform the essential functions of the position, and the
27 employee's current medical ability to perform those functions, and shall not be
28 affected by the form, manner, cause, timing, or procedural classification of the
29 employee's separation from service. In addition, the reemployment provided for in
Page 3 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2647 ORIGINAL
HB NO. 1111
1 this Subsection is available at any time after the resignation or retirement of the
2 employee separation from service.
3 F.(1) Subject to the requirements of this Subsection, any regular employee
4 who retires is separated from service from a position in the classified fire service as
5 a result of an injury or a medical condition which prevents him from performing the
6 essential functions of his job and who previously sustained an injury or developed
7 a medical condition which prevents or prevented him from performing the essential
8 functions of his job as determined by the employee's treating physician, and who
9 applies for reemployment shall be reemployed in a position of the class in which he
10 was employed immediately preceding his retirement separation. Eligibility for
11 reemployment under this Subsection shall not be affected by the form, manner,
12 cause, timing, or procedural classification of the employee's separation from service.
13 However, if there are no available positions in his former class, he may be
14 temporarily placed shall have the option to remain on an active reemployment
15 eligibility list for the former class until such position becomes available or accept
16 temporary placement in a position in any lower class. If the employee is temporarily
17 placed in a position in a lower class, he shall receive the same rate of pay, including
18 longevity pay, that he would have otherwise received for the position in which he
19 was to be reemployed in his former class. In addition, during his temporary
20 placement, he shall be placed first on the eligibility list for a position in his former
21 class and shall not be required to retest for any such position. During any period of
22 temporary placement or while remaining on an active reemployment eligibility list,
23 the employee shall be placed first on the eligibility list for a position in his former
24 class and shall not be required to retest. The employee shall remain first on such list
25 until he is appointed to a position in his former class. The determination of whether
26 a separation from service is duty-related or non-duty-related shall be made by the
27 employee's treating physician.
28 (2)(a) Prior to reemployment, an employee shall give notice to the
29 appointing authority that the employee is able to return to work. An authorization
Page 4 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2647 ORIGINAL
HB NO. 1111
1 from the employee's treating physician certifying that the employee is able to
2 perform the essential functions of the position that were required at the time he was
3 originally confirmed in such position shall be included with the employee's notice
4 to the appointing authority. Upon furnishing such notice and certification to the
5 appointing authority, the employee shall be deemed qualified for the position. The
6 board shall approve the reemployment of the employee and the appointing authority
7 shall reemploy such employee. The employee shall be considered a permanent
8 employee and shall not be required to serve a working test. In addition, the
9 employee shall be reemployed with the departmental and promotional seniority the
10 employee had accrued as of the date of his retirement separation. The employee
11 shall retain longevity, salary step placement, and pay progression status as they
12 existed at the time of separation. The employee shall receive all benefits, rights, and
13 privileges equal to those of similarly situated employees of the same rank,
14 classification, tenure, longevity, and seniority.
15 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
16 if the appointing authority board has a specific cause to dispute the certification of
17 the employee's treating physician, the appointing authority board may have the
18 employee evaluated by another physician for the limited purpose of confirming that
19 the injury or medical condition that resulted in his retirement separation no longer
20 prevents him from performing the essential functions of the position. If there is a
21 disagreement between the employee's treating physician and the physician selected
22 by the appointing authority board, the two physicians shall select a third physician
23 whose opinion shall be determinative. The physician selected by the board shall be
24 independent and shall not be regularly retained by the appointing authority.
25 (3) The reemployment provided for in this Subsection is available at any
26 time after the retirement separation of service of the employee.
27 * * *
28 §2550. Reinstatement and reemployment
29 * * *
Page 5 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2647 ORIGINAL
HB NO. 1111
1 E.(1) Subject to the requirements of this Subsection, any regular employee
2 who resigns or retires is separated from service as specified in Paragraph (3) of this
3 Subsection from a position in the classified service and who applies for
4 reemployment shall be reemployed in a position of the class in which he was
5 employed immediately preceding his resignation or retirement separation. The
6 determination of whether a separation from service is the result of an injury or
7 medical condition arising out of and in the course and scope of employment, or is
8 non-duty-related, shall be made by the employee's treating physician. However, if
9 there are no available positions in his former class, he may be temporarily placed
10 shall have the option to remain on an active reemployment eligibility list for the
11 former class until such position becomes available or accept temporary placement
12 in a position in any lower class. If the employee is temporarily placed in a position
13 in a lower class, he shall receive the same rate of pay, including longevity pay, that
14 he would have otherwise received for the position in which he was to be reemployed
15 in his former class. In addition, during his temporary placement, he shall be placed
16 first on the eligibility list for a position in his former class and shall not be required
17 to retest for any such position. During any period of temporary placement or while
18 remaining on an active reemployment eligibility list, the employee shall be placed
19 first on the eligibility list for a position in his former class and shall not be required
20 to retest. The employee shall remain first on such list until he is appointed to a
21 position in his former class.
22 (2)(a) Prior to reemployment, an employee shall give notice to the
23 appointing authority that the employee is able to return to work. An authorization
24 from the employee's treating physician certifying that the employee is able to
25 perform the essential functions of the position that were required at the time he was
26 originally confirmed in such position shall be included with the employee's notice
27 to the appointing authority. Upon furnishing such notice and certification to the
28 appointing authority, the employee shall be deemed qualified for the position. The
29 board shall approve the reemployment of the employee and the appointing authority
Page 6 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2647 ORIGINAL
HB NO. 1111
1 shall reemploy such employee. The employee shall be considered a permanent
2 employee and shall not be required to serve a working test. In addition, the
3 employee shall be reemployed with the departmental and promotional seniority the
4 employee accrued during his employment including any such seniority that he would
5 have accumulated from the date of his separation through the date of reinstatement
6 as if he remained in continuous service. The employee shall retain longevity, salary
7 step placement, and pay progression status. The employee shall receive all benefits,
8 rights, and privileges equal to those of similarly situated employees of the same rank,
9 classification, tenure, longevity, and seniority who remained continuously employed.
10 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
11 if the appointing authority board has a specific cause to dispute the certification of
12 the employee's treating physician, the appointing authority board may have the
13 employee evaluated by another physician for the limited purpose of confirming that
14 the injury or medical condition that resulted in his resignation or retirement
15 separation from service no longer prevents him from performing the essential
16 functions of the position. If there is a disagreement between the employee's treating
17 physician and the physician selected by the appointing authority board, the two
18 physicians shall select a third physician whose opinion shall be determinative. The
19 physician selected by the board shall be independent and shall not be regularly
20 retained by the appointing authority.
21 (3) The reemployment provided for in this Subsection applies only if a
22 resignation or retirement occurred as a result of the employee's being unable to
23 perform the essential functions of his job after sustaining an injury or developing a
24 medical condition during the course and scope of his employment as determined by
25 the employee's treating physician shall apply to any employee who is separated from
26 service and who previously sustained an injury or developed a medical condition
27 arising out of and in the course and scope of employment, which condition resulted
28 in the employee being unable to perform the essential functions of the position,
29 whether such inability was temporary or permanent, as determined by the employee's
Page 7 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2647 ORIGINAL
HB NO. 1111
1 treating physician, and who is subsequently able to perform the essential functions
2 of the position. Eligibility for reemployment under this Subsection shall be
3 determined solely upon the existence of such job-related injury or medical condition,
4 the resulting inability to perform the essential functions of the position, and the
5 employee's current medical ability to perform those functions, and shall not be
6 affected by the form, manner, cause, timing, or procedural classification of the
7 employee's separation from service. In addition, the reemployment provided for in
8 this Subsection is available at any time after the resignation or retirement of the
9 employee separation from service.
10 F.(1) Subject to the requirements of this Subsection, any regular employee
11 who retires is separated from service from a position in the classified fire service as
12 a result of an injury or a medical condition which prevents him from performing the
13 essential functions of his job and who previously sustained an injury or developed
14 a medical condition which prevents or prevented him from performing the essential
15 functions of his job as determined by the employee's treating physician, and who
16 applies for reemployment shall be reemployed in a position of the class in which he
17 was employed immediately preceding his retirement separation. Eligibility for
18 reemployment under this Subsection shall not be affected by the form, manner,
19 cause, timing, or procedural classification of the employee's separation from service.
20 However, if there are no available positions in his former class, he may be
21 temporarily placed shall have the option to remain on an active reemployment
22 eligibility list for the former class until such position becomes available or accept
23 temporary placement in a position in any lower class. If the employee is temporarily
24 placed in a position in a lower class, he shall receive the same rate of pay, including
25 longevity pay, that he would have otherwise received for the position in which he
26 was to be reemployed in his former class. In addition, during his temporary
27 placement, he shall be placed first on the eligibility list for a position in his former
28 class and shall not be required to retest for any such position. During any period of
29 temporary placement or while remaining on an active reemployment eligibility list,
Page 8 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2647 ORIGINAL
HB NO. 1111
1 the employee shall be placed first on the eligibility list for a position in his former
2 class and shall not be required to retest. The employee shall remain first on such list
3 until he is appointed to a position in his former class. The determination of whether
4 a separation from service is duty-related or non-duty-related shall be made by the
5 employee's treating physician.
6 (2)(a) Prior to reemployment, an employee shall give notice to the
7 appointing authority that the employee is able to return to work. An authorization
8 from the employee's treating physician certifying that the employee is able to
9 perform the essential functions of the position that were required at the time he was
10 originally confirmed in such position shall be included with the employee's notice
11 to the appointing authority. Upon furnishing such notice and certification to the
12 appointing authority, the employee shall be deemed qualified for the position. The
13 board shall approve the reemployment of the employee and the appointing authority
14 shall reemploy such employee. The employee shall be considered a permanent
15 employee and shall not be required to serve a working test. In addition, the
16 employee shall be reemployed with the departmental and promotional seniority the
17 employee had accrued as of the date of his retirement separation. The employee
18 shall retain longevity, salary step placement, and pay progression status as they
19 existed at the time of separation. The employee shall receive all benefits, rights, and
20 privileges equal to those of similarly situated employees of the same rank,
21 classification, tenure, longevity, and seniority.
22 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
23 if the appointing authority board has a specific cause to dispute the certification of
24 the employee's treating physician, the appointing authority board may have the
25 employee evaluated by another physician for the limited purpose of confirming that
26 the injury or medical condition that resulted in his retirement separation from service
27 no longer prevents him from performing the essential functions of the position. If
28 there is a disagreement between the employee's treating physician and the physician
29 selected by the appointing authority board, the two physicians shall select a third
Page 9 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2647 ORIGINAL
HB NO. 1111
1 physician whose opinion shall be determinative. The physician selected by the board
2 shall be independent and shall not be regularly retained by the appointing authority.
3 (3) The reemployment provided for in this Subsection is available at any
4 time after the retirement separation of service of the employee.
5 Section 2. This Act shall become effective upon signature by the governor or, if not
6 signed by the governor, upon expiration of the time for bills to become law without signature
7 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
8 vetoed by the governor and subsequently approved by the legislature, this Act shall become
9 effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 1111 Original 2026 Regular Session Kerner
Abstract: Provides relative to the reemployment of employees of the fire and police civil
service who separated from service due to an injury or medical condition.
Present constitution creates a fire and police civil service system applicable to municipalities
of over 13,000 in population and parishes and fire protection districts. Provides that the
system is subject to Art. XIV, §15.1 of the 1921 Constitution made statutory by the 1974
Constitution. Present law creates and provides for two fire and police civil service systems:
(1) one applicable to any municipality which operates paid police and fire departments and
which has a population of not fewer than 13,000 persons; and (2) one applicable to any
parish, fire protection district, or municipality with a population of fewer than 13,000, but
not fewer than 7,000 persons.
Proposed law retains present constitution and present law.
Present law, relative to the system applicable to municipalities with a population of fewer
than 13,000, but not fewer than 7,000, provides that "departmental seniority" refers to the
period of continuous employment in the department. Defines "promotional seniority" to
mean the total cumulative employment in a class of positions of the next lower class from
which a promotion is to be made. Specifies further relative to employment counted toward
seniority in the next lower class.
Present law, relative to both systems, provides that a municipal fire and police civil service
board is created in the municipal, parish, and fire protection district government. Requires
the board to establish and maintain employment lists containing the names of persons
eligible for appointment to various classes of positions in the classified service. Requires
that names of persons attaining a passing score on a promotion test be placed on the
promotion employment list for the tested class, from highest to lowest, according to
departmental seniority.
Proposed law retains present law.
Page 10 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2647 ORIGINAL
HB NO. 1111
Present law requires that vacant positions be filled by reinstatement or reemployment.
Provides that any regular employee who resigns or retires due to an injury or medical
condition who applies for reemployment shall be reemployed in a position of the class of
which he was employed immediately preceding his resignation or retirement.
Proposed law removes reference to retirement and resignation and makes present law
applicable to employees who are separated from service due to injury or medical condition.
Provides that the determination of whether a separation from service is the result of an injury
or medical condition arising out of and in the course and scope of employment, or is
non-duty-related, shall be made by the employee's treating physician.
Proposed law provides that eligibility for reemployment shall not be affected by the form,
manner, cause, timing, or procedural classification of the employee's separation from
service. Relative to an employee who separated from service due to sustaining a duty related
injury or developing a duty related medical condition who is subsequently able to perform
the essential functions of the position, provides that eligibility for reemployment shall be
determined solely upon the existence of such job-related injury or medical condition, the
resulting inability to perform the essential functions of the position, and the employee's
current medical ability to perform those functions.
Present law provides that if there are no available positions in the employee's former class,
he may be temporarily placed in a position in any lower class.
Proposed law instead provides that the employee shall have the option to remain on an active
reemployment eligibility list for the former class until such position becomes available or
accept temporary placement in a position in any lower class.
Present law provides that during his temporary placement, an employee shall be placed first
on the eligibility list for a position in his former class and shall not be required to retest.
Provides that he shall remain first on the list until he is appointed to a position in his former
class.
Proposed law retains present law and makes present law applicable to employees who
remain on an active reemployment eligibility list.
Present law relative to an employee who sustains duty related injury or develops a duty
related medical condition, requires that the employee be reemployed with the departmental
and promotional seniority he accrued during his employment including any such seniority
that he would have accumulated from the date of his separation through the date of
reinstatement. Provides that an employee who sustains a non-duty related injury or develops
a non-duty related medical condition shall be reemployed with the departmental and
promotional seniority he accrued as of the date of separation.
Proposed law retains present law and additionally provides that the employee shall retain
longevity, salary step placement, and pay progression status. Relative to an employee who
sustains a duty related injury or develops a duty related medical condition, provides that the
employee shall receive all benefits, rights, and privileges equal to those of similarly situated
employees of the same rank, classification, tenure, longevity, and seniority who remained
continuously employed. Relative to an employee who sustained a non-duty related injury
or developed a non-duty related medical condition, provides that he shall receive such
benefits, rights, and privileges of similarly situated employees to the date of separation.
Present law provides that 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 no longer prevents him from performing the essential functions
of the position. Provides that if there is a disagreement between the employee's treating
Page 11 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2647 ORIGINAL
HB NO. 1111
physician and the physician selected by the appointing authority, the two physicians shall
select a third physician whose opinion shall be determinative.
Proposed law instead grants the board, rather than the appointing authority, the power to
have the employee evaluated by another physician if the board has specific cause to dispute
the certification of the employee's treating physician. Provides that if there is a disagreement
between the employee's treating physician and the physician selected by the board, rather
than the appointing authority, the two physicians shall select a third physician whose opinion
shall be determinative. Provides that the physician selected by the board shall be
independent and shall not be regularly retained by the appointing authority.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:2490(E) and (F) and 2550(E) and (F))
Page 12 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.