Louisiana Leave Laws
In Louisiana, employers are not required to provide employees with vacation benefits, either paid or unpaid. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract.
The rollover policy
- Statutory Provisions Addressing Vacation Pay
To be paid for unused vacation time, an employee must, according to the employer’s stated vacation policy, both:
- Have accrued vacation time.
- Be eligible to take the vacation at discharge or resignation.
(La. Rev. Stat. § 23:631(D).)
- Use-It-or-Lose-It Policy
Not prohibited (Wyatt v. Avoyelles Parish Sch. Bd., 831 So. 2d 906 (La. 2002)).
- Payment of Accrued Vacation on Termination
Under the statute, employees must be paid for all accrued unused vacation time on termination regardless of the reason for an employee’s termination (Beard v. Summit Inst. for Pulmonary Med. and Rehab., 707 So. 2d 1233 (La. 1998)).
However, one Louisiana Court of Appeals court found that termination for cause may invalidate an employee’s claim for unused vacation pay (Avila v. Sanofi-Aventis, 90 So. 3d 1132 (La. Ct. App. 2012)).
No federal or state law in Louisiana requires employers to pay out an employee’s accrued vacation, sick leave or other paid time off (PTO) at the termination of employment.
Maternity, Paternity, FMLA
In addition to Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, Louisiana has the following laws regarding Maternity and Paternity Leave:
Louisiana Pregnancy Disability Leave
Employers with more than 25 employees are required to provide maternity leave up to 6 weeks for employees who do not have pregnancy-related complications or disabilities and up to 4 months for employees with disabilities related to pregnancy, childbirth, or other related conditions.
Jury Duty Leave
Employers are required to provide employees with one paid day to serve as jurors. Employees are required to provide notice.
An employer may not discharge or take other adverse action against any employee who serves as a juror.
No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.
The state of Louisiana has no statute governing voting leave.
In addition to USERRA, Louisiana military leave laws provide:
Protection against discrimination for members of U.S. armed forces, reserves, National Guard, commissioned corps of the Public Health Service, and any other category of persons designated by the president in a time of war or emergency.
Reemployment in a former or a similar position regarding seniority, status, pay, and other employment benefits.