Payroll and Benefits Guide United States – Louisiana

Annual Leave (vacation)

Louisiana does not have any state statute governing the amount and payment of vacation time; however, it is common for employers to decide whether to offer paid or unpaid vacation leave.

This must comply with employment law and must be stipulated in the collective bargaining agreements.

Public Holidays

Public holidays are not mandatory paid days off, but employers commonly allow workers to take federal holidays as paid days off.

Some companies might also agree to allow workers to take off state holidays; workers can find specific state holiday dates from their local government.

Usually when an agreed public holiday falls on a weekend, a day off in lieu is given on the Friday before or the Monday after the holiday.

Sick Days

It is common for an employer to follow the Family and Medical Leave Act (FMLA) which provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons (maternity leave, serious illnesses or if the employee needs to care for a spouse or child).

Employees are eligible for FMLA if they have worked for their employer for at least one year, completed a minimum of 1,250 hours over the past year, and worked at a location where the company employs 50 or more employees within 75 miles.

FMLA eligible employees are entitled to:

• 12 working weeks of leave in any one year for a child’s birth and to care for the newborn child within one year of birth.
• Leave for the adoption or foster care of a child and care for the newly placed child within one year of placement.
• Care for the employee’s spouse, child, or parent who has a severe health condition.
• Leave in the event of a serious health condition that makes the employee unable to perform the essential functions of their job.
• Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”

Or

• 26 working weeks of leave during a single one-year period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Maternity Leave

Louisiana does not have any state statute governing the amount and payment of maternity and paternity leave. This is covered under the FMLA and the Pregnancy Disability Act (See Sick Leave above).

In addition to the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, Louisiana has the following laws regarding maternity and paternity leave: employers with more than 25 employees are required to provide maternity leave of 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.

Paternity Leave

Louisiana does not have any state statute governing the amount and payment of maternity and paternity leave. This is covered under the FMLA (See Sick Leave above).

Parental Leave

See Sick Leave above.

Other Leave

Jury Duty leave – Louisiana law requires all employers to provide their full-time employees job-protected, paid leave for their jury duty or as a witness in a case, responding to a subpoena, or acting as a plaintiff or defendant in the courts.

Employees must provide a copy of the jury summons to the employer as evidence of requirement.

In addition to the federal law USERRA, Louisiana law provides 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 may be offered by an employer.