49 So. 3d 559
La. Ct. App.2010Background
- Saizan, a tenured teacher, sued Pointe Coupee Parish School Board for extended sick leave and damages after denial of additional leave.
- He exhausted ordinary sick leave and then took ninety additional days of extended sick leave at sixty-five percent pay beginning May 6, 2003.
- The extended leave was set to expire December 12, 2003.
- Saizan claimed catastrophic/long-term illness and sought more extended paid leave beyond the statutory allotment.
- The School Board denied extra leave, applying an unwritten policy treating catastrophic and non-catastrophic illnesses the same.
- The Board later adopted a written policy (Dec. 18, 2003) reiterating equal treatment; Saizan retired July 28, 2004 and sued seeking pay, damages, and medical costs; the trial court granted summary judgment for the Board on second motion, which the appellate court reviews de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did 17:1202 require a distinct policy for catastrophic/long-term illness? | Saizan argued the statute requires a separate policy for catastrophic illness. | Board contends statute permits/permits policy but does not require distinct days; unwritten policy sufficed. | No distinct policy required; policy may treat all illnesses the same under the statute. |
| Is the Board's denial of additional extended paid sick leave lawful under 17:1202? | Saizan contends denial violated statutory policy requirements for catastrophic illness. | Board asserts denial aligned with 17:1202's policy framework and nondistinction of catastrophic illnesses. | Board properly denied additional leave; policy complied with the statute. |
| Does law-of-the-case or res judicata bar reconsideration on a second summary judgment? | Saizan argued law of the case prevented a different outcome. | Board argued denial of first motion allows reconsideration; interlocutory denial not binding. | Law-of-the-case/res judicata did not bar reconsideration; second motion permissible. |
Key Cases Cited
- Bozarth v. State, LSU Med. Ctr./Chabert Med. Ctr., 35 So.3d 316 (La.App. 1 Cir. 2010) (reaffirming de novo standard for summary judgments; interlocutory rulings not binding on appeal)
- Sanders v. Pilley, 684 So.2d 460 (La.App. 1 Cir. 1996) (appellate review of questions of law is de novo)
- Day v. Campbell-Grosjean Roofing & Sheet Metal Corp., 256 So.2d 105 (La. 1971) (law-of-the-case principle discretionary; not to bar higher court review)
- Sabine Parish Police Jury v. Comm. of Alcohol & Tobacco Control, 898 So.2d 1244 (La. 2005) (law-of-the-case principle discussed in appellate review)
- Dagenhardt v. Terrebonne Parish School Bd., 650 So.2d 1161 (La. 1995) (pre-1999 law on extended sick leave; amended statute overruled inconsistent precedents)