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Summary of difference between federal and state regulations
The federal Fair Labor Standards Act does not require payment for time not worked. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Jury duty
Louisiana law requires employers to pay employees regular wages for one day of jury duty. No payment of wages is required for time spent at jury duty beyond the one day.
Voting
Louisiana doesn’t have a time-off-for-voting provision.
Volunteer responders
Louisiana requires employers to allow employees time off to engage in emergency response activities.
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 state policy regarding leaves of absence. The law does not require the employee to be compensated for the time off. The employer must apply for reinstatement.
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.
Volunteer firefighters
Louisiana requires state employers to allow employees of the state time off to engage in firefighting activities. Employers may not deny leave, work-related benefits, or employment to employees who are certified volunteer firefighters for time off to engage in emergency response activities pursuant to their certification.
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.
State
Contacts
Jury duty
New Orleans District Office US Dept. of Labor ESA Wage & Hour Division
Voting
None.
Volunteer responders
Louisiana Workforce Commission
Volunteer firefighters
Louisiana Workforce Commission
School and day care conference and activities leave
Louisiana Workforce Commission
Marrow donor leave
None.
Regulations
Jury duty
Louisiana Revised Statutes; Title 23, Labor and Workers Compensation; RS 23:965. Jury duty; dismissal forbidden; uninterrupted compensation; penalties
www.legis.state.la.us/lss/lss.asp?doc=84020
Voting
None.
Volunteer responders
Louisiana Revised Statutes; Title 23, Labor and Worker's Compensation; RS 23:1017.1 – 23:1017.6
23:1017.1 – Definitions
www.legis.state.la.us/lss/lss.asp?doc=285514
23.1017.2 – Leave status
www.legis.state.la.us/lss/lss.asp?doc=285515
23:1017.3 – Reemployment
www.legis.state.la.us/lss/lss.asp?doc=285516
23:1017.4 – Benefits
www.legis.state.la.us/lss/lss.asp?doc=285517
23:1017.5 – Pay
www.legis.state.la.us/lss/lss.asp?doc=285518
23:1017.6 – Notice to employers
www.legis.state.la.us/lss/lss.asp?doc=285519
Volunteer firefighters
Louisiana Revised Statutes; Title 23, Labor and Workers Compensation; RS 23:893 – Volunteer firefighters; leave without loss of pay, benefits, or employment
www.legis.state.la.us/lss/lss.asp?doc=84002
School and day care conference and activities leave
Louisiana Revised Statutes; Title 23, Labor and Workers Compensation; RS 23:1015.2, School and day care conference and activities leave
www.legis.state.la.us/lss/lss.asp?doc=83324
Marrow donor leave
Louisiana Revised Statutes; Title 40, Public Health and Safety; RS 40:1299.124, Definitions; paid marrow donor leave; prohibition of employer sanctions; relationship to other leave
www.legis.state.la.us/lss/lss.asp?doc=97153
Federal
Contacts
None.
Statutes/Regulations
None.