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2022 Op. La. Att'y Gen. 1 (2022)

handle is hein.sag/sagla2022 and id is 1 raw text is: State of Louisiana DEPARTMENT OF JUSTICE CIVIL DIVISION P.O. BOX 94005 BATON ROUGE 70804-9005 Jeff Landry Attorney General January 4, 2022 OPINION 21-0098 47-A-1 FIRE PROTECTION DISTRICTS Chief Jamie Truett St. Tammany Fire Protection District No. 5 La. R.S. 33:1996 13206 Broadway Street A firefighter is entitled to annual leave only after serving one continuous year with the St. Tammany Parish Fire Protection Folsom, La 70437 District No. 5. There is no requirement that the District recognize the past years of service with a different district, although the governing authority can if it so chooses Dear Chief Truett: You requested an opinion of the Attorney General's office regarding whether years served working in another fire department should be considered when calculating vacation time accrual for a full-time civil service firefighter. In your request, you mention that a firefighter in your district previously served seven years as a full-time civil service firefighter in a different department before joining the St. Tammany Fire Protection District No. 5 (the District). You would like to know whether La. R.S. 33:1996 requires that the District consider previous service in another municipality, parish, or fire protection district when computing annual vacation. Louisiana Revised Statute 33:1996 governs annual vacation for firefighters' and provides the following: Firemen in municipalities, parishes and fire protection districts to which this Subpart applies, after having served one year, shall be entitled to an annual vacation of eighteen days with full pay. This vacation period shall be increased one day for each year of service over ten years, up to a maximum vacation period of thirty days, all of which shall be with full pay. The vacation privileges herein provided for shall not be forfeited by any member of the department for any cause. Firemen employed on January While St. Tammany Fire Protection District No. 5 has a population of less than 7,000, as paid firemen of a fire protection district, they fall under the definition of fireman set forth in La. R.S. 33:1191. In Attorney General Opinion No. 01-379 this office stated, The statutory provisions for minimum wages are applicable to fire protection district paid firemen; (see R.S. 33:1992); note also that those provisions pertaining to sick leave and annual vacation are applicable to firemen employed by a fire protection district (see R.S. 33:1995 and R.S. 33:1996), and that R.S. 33:1999 is applicable as it pertains to work on holidays.

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