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Summary of differences between federal and state regulations
The federal Fair Labor Standards Act does not require payment for time not worked, nor does it regulate vacation pay, holiday pay, or other paid time off. These types of benefits are 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.
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.
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.
Paid time off (PTO)
Louisiana law does not require vacation pay. However, if an employer chooses to provide paid time off benefits, it must follow the terms and conditions established in its policy.
Pregnancy disability
Louisiana’s leave provisions for pregnancy disability cover employers with more than 25 employees. The provisions apply only to pregnant female employees.
Employee eligibility
To be eligible, pregnant employees must work for an employer with more than 25 employees. Unlike federal FMLA, however, for state leave benefits, an employee does not need to work a specified number of months or hours to be eligible.
Leave entitlement
Louisiana provides that pregnant employees may take a reasonable period of leave. A “reasonable period of time” means six weeks for a normal pregnancy and childbirth or the period of time during which the female employee is disabled on account of the pregnancy, childbirth, or related medical conditions, provided the period shall not exceed four months. Employees are entitled to use any accrued annual leave during this period of time.
Employers need not provide an accommodation that would pose an undue hardship.
Reasons for leave
Louisiana provides leave only to female employees for pregnancy, childbirth, and related medical conditions.
Federal FMLA allows leave for the birth and care of the newborn child of the employee (male or female), an adoption, care for an immediate family member (spouse, child, or parent) with a serious health condition, or for the employee’s own serious health condition.
Maintenance of health benefits
There is no state provision which requires an employer to maintain coverage under any group health plan while the employee is on leave. However, FMLA requires that covered employers continue to provide group health insurance.
Job restoration
Unlike FMLA, Louisiana does not provide job restoration rights to eligible employees.
Notice
Similar to FMLA, an employer may require any employee who plans to take leave to give reasonable notice of the date leave will begin and the duration of the leave.
Employers must provide written notice of employee’s right to be free from discrimination based on medical needs arising from pregnancy, childbirth, or related medical conditions to new employees when they begin work and to existing employees before December 1, 2021. This notice must also be posted at the workplace.
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.
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.
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.
Voting
Louisiana doesn’t have a time-off-for-voting provision.
State
Contacts
None.
Regulations
Louisiana Revised Statute 23:631
http://legis.la.gov/Legis/Law.aspx?d=83945
For purposes of this Section, vacation pay will be considered an amount then due only if, in accordance with the stated vacation policy of the person employing such laborer or other employee, both of the following apply:
(a) The laborer or other employee is deemed eligible for and has accrued the right to take vacation time with pay.
(b) The laborer or other employee has not taken or been compensated for the vacation time as of the date of the discharge or resignation.
The provisions of this Subsection shall not be interpreted to allow the forfeiture of any vacation pay actually earned by an employee pursuant to the employer's policy.
Federal
Contacts
None.
Regulations
None.