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Louisiana Vacations: What you need to know

Local governmental subdivisions are barred by state law from establishing a mandatory, minimum number of vacation or sick leave days for employees of private employers, whether paid or unpaid (LA R.S. 23:642).
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If promised, must be granted. Although no Louisiana law requires private sector employers to provide employees with vacations, paid or unpaid, most employers do offer their employees some version of vacation. Thus, it is important for employers to remember that if they “promise” vacation, they might be legally bound to provide it--and that a binding promise does not require embodiment in a formal employment contract. Louisiana courts have ruled that under some circumstances, an employer's assurance of paid vacation time, whether made in an employee handbook, given orally, or simply understood as a matter of consistent practice, may constitute an implied contract, which is binding and enforceable.
Vacation pay due at termination? Louisiana courts have ruled that vacation pay is considered “wages,” and that once vacation time is accumulated, it is the property of the employee. Thus, unused earned time for paid vacation must be paid at termination. Penalties for violating compensation for vacation at termination are the same as for failure to pay last wages within 3 days of termination. Written or other policies requiring the forfeiture of such accrued rights are not enforceable (Beard v. Summit Institute, 707 So.2d 1233 (La. 1998)).
Accrual method. Employers are free to devise their own system for vacation accrual--for example, on a monthly or pay-period basis, or upon completion of a 6-month or 12-month period. It is important to be clear and unambiguous when drafting such policies. If the ...

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Louisiana Vacations Resources

Vacations Products

Solving PTO Problems Webinar Recording
Solving PTO Problems: How to Reduce Unscheduled Absences Without Alienating Employees or Violating the Law"
Perfecting Your PTO Policy Recording
BLR Webinar: "Perfecting Your PTO Policy: How to Curb Abuse, Cut Absenteeism, and Comply with the Law""
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We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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