Louisiana Death of Employee: What you need to know

Wages, sick leave, annual leave, or other benefits due a deceased employee may be paid to the surviving spouse, provided that no divorce proceeding is pending (LA Rev. Stat. Sec. 9:1515). An amendment to the law removed a provision limiting payment to a $6,000 maximum. If there is no surviving spouse, or if either spouse has instituted a divorce proceeding, the last wages and benefits may be paid to an adult child without waiting for legal proceedings or orders.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
Before making the payment, the employer must require the recipient to sign, in the presence of two witnesses, a document giving the name, address, and date and place of death of the deceased employee; the relationship of the person requesting the payment; and the name and address of the surviving spouse or children, if any. The employer then must send an affidavit giving the name of the employee, the name of the recipient, and the amount of the payment along with a copy of the document signed by the recipient to the Department of Revenue within 10 calendar days of the payment (LA Rev. Stat. Sec. 9:1515).
An employer who follows these steps will be released from the obligation for the amount paid and for all inheritance taxes that may be determined to be due. No person will have any right or cause of action against the employer because of such payment.

>> Read more about Death of Employee

More on this topic:

State Requirements

National | Alabama | Arizona | California | Colorado | Connecticut | Florida | Georgia | Hawaii | Illinois | Indiana | Kansas | Louisiana | Massachusetts | Michigan | Minnesota | Mississippi | New Jersey | New York | Ohio | Oregon | Pennsylvania | Rhode Island | Tennessee | Virginia | Washington | West Virginia | Wisconsin |

Louisiana Death of Employee Resources

Death of Employee Products

Free Special Reports
Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Critical HR Recordkeeping

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
Download Now!

This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.