Could a Louisiana police department reduce sick leave pay because an officer received VA benefits?

Plain-English summary

In 2014, the Louisiana Attorney General concluded that a Natchitoches police employee's statutory sick leave was not reduced because the employee also received Veterans Administration benefits for the same condition. The sick-leave statute expressly reduced full-pay leave by workers' compensation benefits actually received. It did not authorize a similar credit for veterans benefits.

The request concerned an officer diagnosed with post-traumatic stress disorder. The AG distinguished a court decision discussing "double recovery" because that decision involved workers' compensation, the benefit specifically named in the statute.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could the department subtract VA payments from sick leave pay?

The AG said no. The statute provided a credit for workers' compensation benefits, not for Veterans Administration benefits.

Did the "double recovery" reasoning cover every kind of benefit?

No. The AG said the court's reasoning concerned receiving full sick leave and workers' compensation for the same period, as addressed by the statute. It did not extend that credit to VA benefits.

Did the opinion say workers' compensation had no effect on sick leave?

No. The statute quoted in the opinion required full sick leave pay to be decreased by workers' compensation benefits actually received by the employee.

Background and statutory framework

The police chief asked whether full-pay sick leave under La. R.S. 33:2214(B) should change when an employee expected veterans benefits for the same condition. The AG read the statute's express workers' compensation credit and the cited Bamberg decision. It found no statutory credit for Veterans Administration benefits.

Citations

• La. R.S. 33:2214(B) (police sick leave and workers' compensation credit).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/14-0015

Original opinion text

J&tate of 1fioui£liana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
JAMES D. "BUDDY" CALDWEll
70804-9005
ATIORNEY GENERAL

April 4, 2014
OPINION 14-0015

71-1-1 MUNICIPAL FIRE & POLICE CIVIL SERVICE

La. R.S. 33 :2214(8)

Mr. Mickey Dove
The benefits afforded to a police department employee by La. RS.
Chief of Police
33:2214{B) are not changed when the employee also receives benefits for
City of Natchitoches Police Department the same condition from the Veteran's Administration.

Natchitoches, LA 71457

Dear Chief Dove:

Our office received your request for an opinion as to whether a police department employee should be provided full benefits of sick leave under La. R.S. 33:2214(8) when such employee will also be receiving benefits from the Veteran's Administration.

According to the information in your request, the Natchitoches Police Department is anticipating providing sick leave with full pay to an employee who has been diagnosed with post-traumatic stress disorder. It is the Department's understanding that the employee will also be receiving Veteran's Administration benefits for the same condition.

La. R.S. 33:2214(8)(1) governs sick leave for employees of the police department and states in pertinent part, as follows:

Each employee of the police departments of the municipalities covered by this Subpart, except the city of Westwego, shall be entitled to and given with full pay a sick leave aggregating not less than fifty-two weeks during any calendar year when the conditions actually warrant. Any police department employee who draws such full pay during sick leave shall have such pay decreased by the amount of worker's compensation benefits actually received by such employee.

(Emphasis added).

Your request points to the last sentence of La. R.S. 33:2214(8)(1) and notes that the statute mentions a decrease in benefits if the employee in question is receiving worker's compensation benefits, but does not mention other possible benefits an employee may be receivinq.

Page 2

OPINION 14-0015
Mickey Dove
Page 2

In your request, you raise concerns of "double recovery", citing Bamberg v. City of Shreveport, 26,278 (La.App. 2 Cir. 12/7/94), 647 So.2d 1207. The issue in Bamberg was the burden of proof required by the employer in order for the City of Shreveport to receive a workmen's compensation credit against sick leave as mandated by La. RS. 33:2214(B)(1). In Bamberg, the court stated as follows:

LSA-R.S. 33:2214(B) sick leave benefits were created and mandated by the Louisiana legislature. Since the legislature created these sick leave benefits, they are subject to its regulation. It is clear from the second sentence of LSA-RS. 33:2214(B) the legislature specifically intended to prevent employees from receiving "double recovery" by collecting full sick leave benefits and worker's compensation benefits for the same time period. This is reflected not only by the mere fact the statute provides for credit, but also by the fact that the legislature made the credit mandatory, not discretionary.

Although the intent of the legislature, as correctly interpreted in Bamberg, was to prevent employees from receiving "double recovery", this "double recovery" only applies to sick leave benefits and worker's compensation benefits for the same time period. See La. RS. 33:2214(B). La. R.S. 33:2214(B) does not authorize a credit against sick leave for Veteran's Administration benefits. Therefore, it is the opinion of this office that La. RS. 33:2214(B) does not authorize a credit against a police department employee's sick leave for Veteran's Administration benefits received by the employee.

In conclusion, it is the opinion of this office that the benefits afforded to a police department employee by La. RS. 33:2214(B) are not changed when the employee also receives benefits for the same condition from the Veteran's Administration. We hope that this opinion has adequately addressed the legal issues you have raised. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

JAMES D. "BUDDY" CALDWELL
ATIORNEY GENERAL

BY:~~C~
Madeline S. Carbonette
Assistant Attorney General

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