FMLA - Louisiana

Pregnancy disability

Louisiana’s leave provisions for pregnancy disability cover employers with more than 25 employees. The provisions apply only to pregnant female employees.

Genetic testing and cancer screening

This law became effective 8/1/2023.

The law governing this leave applies to employers with 20 or more employees in the state for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. 

Employee eligibility

Employees have no real eligibility criteria to meet.

Leave entitlement

Employees are entitled to one day of unpaid leave to obtain genetic testing or preventive cancer screening.

Employees must make a reasonable effort to schedule the leave so as not to unduly disrupt the employer’s operations.

Employees may use accrued paid time off for this.

The law does not address group health care plan continuation or reinstatement.

Reasons for leave

To obtain genetic testing or preventive cancer screening when medically necessary.

This includes to diagnose, correct, cure, alleviate, or prevent the worsening of a condition or conditions that endanger life, cause suffering or pain, or have resulted or will result in a handicap, physical deformity, or malfunction, and those for which no equally effective and less costly course of treatment is available or suitable for the recipient.

"Preventive cancer screening" means healthcare services necessary for the detection of cancer in an individual, including but not limited to magnetic resonance imaging, ultrasound, or some combination of tests.

Concurrency with federal FMLA

If the employee meets the eligibility criteria for both laws and the reason qualifies under both laws, the leave may run concurrently.

Under the federal FMLA, the term treatment includes (but is not limited to) examinations to determine if a serious health condition exists and evaluations of the condition.

Notice

Employees must provide 15 days’ notice of the need for leave.

Employees must provide documentation confirming the test or screening when requested by the employer. The employee need not disclose the results.

Employers must post a notice of the law’s requirements.

School activities leave

Under the state School and Day Care Conference and Activities Leave Act, employers may grant an employee leave from work of up to a total of 16 hours during any 12-month period to attend, observe, or participate in conferences or classroom activities related to the employee’s dependent children for whom he or she is the legal guardian that are conducted at the child’s school or day care center, if the conferences or classroom activities cannot reasonably be scheduled during the non-work hours of the employee. Employees who wish to request this type of leave must provide reasonable notice to the employer prior to the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the employer.

Bone marrow donation leave

Employers with 20 or more employees must allow employees paid leave to donate bone marrow. Employees are eligible if they work for a covered employer for an average of 20 or more hours per week. Independent contractors are not eligible.

Eligible employees are entitled to up to 40 hours of paid leave to undergo a medical procedure to donate bone marrow. Time off may be taken intermittently or consecutively.

Employers may require verification by a physician regarding the purpose and length of each leave. If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave is not forfeited.

Volunteer first responders

Employees who take time off to perform the duties of a first responder must be treated as being on temporary leave of absence subject to the terms and conditions of the employer's stated policy regarding leaves of absence. The law does not require the employee to be compensated for the time off.

First responders must give notice to employers of their call to service as soon as practical including day of departure, as well as probable length or duration of service. Upon completion of their activities as first responders, employees must be reinstated in or restored to the same or comparable position of employment. Employees must report to their place of employment within 72 hours after being released from duty.

First responders include but are not limited to medical personnel, emergency and medical technicians, volunteer firemen, auxiliary law enforcement officers, and members of the Civil Air Patrol.