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Can I offer unlimited vacation time to my employees in Louisiana? What are the requirements?
Based on the Louisiana state law, it is not possible to offer unlimited vacation time to employees in Louisiana. According to LARS § 23.642, no local governmental subdivision shall establish a mandatory, minimum number of vacation or sick leave days, whether paid or unpaid, or a minimum wage rate which a private employer would be required to pay or grant employees. This means that the state of Louisiana does not allow local governments to mandate a minimum number of vacation days for employees. However, LARS § 17.1206 allows for a minimum of ten days leave of absence as sick leave or in case of other emergencies or special circumstances, per school year, without loss of pay. Any portion of such sick leave not used in any year shall be accumulated to the credit of the employee without limitation.
Therefore, it is recommended that employers in Louisiana follow the state law and provide a minimum of ten days of sick leave per school year to their employees. Employers may also choose to provide additional sick leave, without loss of pay, or with such reduction of pay as they may establish and fix.
In addition, LARS § 23.631 requires employers to pay the amount then due under the terms of employment, including vacation pay, upon the discharge or resignation of any laborer or other employee of any kind whatever, on or before the next regular payday or no later than fifteen days following the date of discharge or resignation, whichever occurs first. 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 [2.1].
In summary, unlimited vacation time is not allowed in Louisiana, but employers must provide a minimum of ten days of sick leave per school year to their employees. Employers must also pay vacation pay upon the discharge or resignation of any laborer or other employee of any kind whatever, in accordance with the stated vacation policy [2.1].
Source(s):
Jurisdiction
Louisiana