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        Military Personnel - RELATED Laws AND Opinions

 

 

Military Personnel -Related Laws and Opinions

 

Many classified fire and police employees within the Louisiana Municipal Fire and Police Civil Service are enlisted in the Armed Forces and are subject to call to military duty, and many may feel the call to enlist. The following are links to Federal and State Laws, Attorney General Opinions, and Case Law related to military personnel that we feel will be helpful when employees are ordered to duty or training.

 

The Uniformed Services Employment and Reemployment Rights Act of 1994


Louisiana Revised Statutes
Title 42. Public Officers and Employees
Chapter 8. Leave of Absence, Reinstatement and Accrued Leave
Part I. Granting of Leave

R. S. 42:394 Leave of absence for officers and employees in certain branches of armed forces


Louisiana Revised Statutes
Title 29. Military, Naval, and Veterans’ Affairs
Chapter 2. Veterans Generally (Refs & Annos)
Part VI. Military Service Relief Act

R. S. 29:401 Title

R. S. 29:402 Purpose

R. S. 29:403 Definitions

R. S. 29:404 Discrimination prohibited

R. S. 29:405 Compensation

R. S. 29:406 Leave status

R. S. 29:407 Life and health and accident insurance

R. S. 29:410 Right of reinstatement to former employment

The Louisiana Military Service Relief Act consists of Louisiana Revised Statutes 29:401 through 29:426. If you would like the Military Service Relief Act in its entirety, please click here to be directed to the Louisiana Legislative website.

 

 

Attorney General Opinion No. 01-0419
Issued to Parish Attorney Michael Ponder of Baton Rouge, Louisiana
Public employers are required to grant fifteen days of paid military leave to their employees serving in the uniformed services, and authorized to pay in excess of fifteen days.

Attorney General Opinion No. 01-0391
Issued to Parish Attorney Michael Ponder of Baton Rouge, Louisiana
The Baton Rouge Fire Department’s policy of charging a day of military leave for every calendar day on which a firefighter is unavailable for duty does not violate the express requirement of LSA-R.S. 42:394 that public officers and employees be granted “fifteen days” of military leave.

 

 

Third Circuit Court of Appeal of Louisiana
524 So.2d 797
Bellard v. City of Eunice

City employee who is member of certain military corps is entitled to leave of absence without loss of pay for duty or field exercises entitles city employee to full pay from city even if employee also receives compensation for limited military service.