Title 29. Military, Naval, and Veterans’ Affairs

Chapter 2. Veterans Generally

Part VI. Military Service Relief Act

Subpart A. General Provisions


29:403     Definitions


As used in this Part, the following terms shall have the definitions ascribed in this Section unless the context clearly requires otherwise:


(1) “Appointed official” means a person holding an appointive position or office with any department, board, commission, or agency of the state, or of any political subdivision or municipal corporation, when the office or position is established by the constitution or laws of this state.


(2) “Benefit, benefit of employment, rights and benefits” means any advantage, profit, privilege, gain, status, account, or interest other than wages or salary for work performed that accrues by reason of an employment contract or agreement or an employer policy, plan, or practice and includes rights and benefits under a pension plan, a health plan, an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment.


(3) “Compensation” means normal or regular base pay, but does not include overtime, per diem, differential pay, or any other allowance for other expense. “Compensation” for peace officers as defined in R.S. 40:2402(1) and firefighters shall also include state supplemental pay or extra compensation paid by the state as authorized and provided by law.


(4) “Disability” means a physical or mental impairment, which substantially limits one or more of the major life activities, or a record of such impairment. Major life activities include caring for one’s self, walking, hearing, speaking, breathing, learning, performing manual tasks, and working.


(5) “Elected official” means a person holding an office in a governmental entity of the state or any of its political subdivisions which is filled by the vote of the appropriate electorate.


(6) “Employee” means any person employed by any private or public employer. Employee shall also include an elected or appointed official.


(7) “Employment” means a position as an employee with any private or public employer. For purposes of this Part, employment shall include commencement of employment, by any actions in furtherance of employment, once an offer has been extended by an employer and accepted by an employee. For purposes of this Part, service in the military service, greater than thirty days shall not be considered secondary employment.


(8) “Essential functions” means the fundamental job duties of the employment position the person with a disability held or desires.


(9) “Public retirement system” means any public retirement or pension system, fund, or plan maintained primarily for officers and employees of the state of Louisiana or of any political subdivision thereof, or any district, board, commission, or other agency of either, or of any other such public entity.


(10) “Reasonable efforts”, in the case of actions required of an employer under this Part, means actions, including training provided by an employer, that do not place an undue hardship on the employer.


(11) “Service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty. “Service in the uniformed services” also means service in the armed forces of the United States pursuant to authorization by the United States Congress or presidential proclamation pursuant to the War Powers Resolution (50 U.S.C. 1541 et seq.). “Service in the uniformed services” also means state active duty by members of the national guard who are activated pursuant to a call of the governor of this state or of any other state as provided for by law.


(12) “Undue hardship”, in the case of actions taken by an employer, means actions requiring significant difficulty or expense, when considered in light of the nature and cost of the actions needed under this Part; the overall financial resources of the facility or facilities involved in the provision of the action; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility; the overall financial resources of the employer; the overall size of the business of an employer with respect to the number of its employees; the number, type, and location of its facilities; and the type of operation or operations of the employer, including the composition, structure, and functions of the work force of such employer; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the employer.


(13) “Uniformed services” means the armed forces of the United States as defined by 10 U.S.C. 101(a)(4), including reserved components of the armed forces, the Army National Guard and the Air National Guard, the commissioned corps of the Public Health Service, and any other category of persons designated by the president in time of war or emergency.


Added by Acts 1991, 1st Ex.Sess., No. 6, § 1, eff. April 17, 1991. Amended by Acts 1992, No. 872, § 1, eff. July 8, 1992; Acts 1993, No. 45, § 1, eff. May 24, 1993; Acts 1995, No. 716, § 1, eff. June 21, 1995; Acts 1999, No. 227, § 2; Acts 2001, 2nd Ex.Sess., No. 7, § 1, eff. Oct. 16, 2001; Acts 2002, 1st Ex.Sess., No. 57, § 1, eff. April 18, 2002; Acts 2014, No. 811, § 15, eff. June 23, 2014.