Effective August 1, Louisiana employers with 20 or more employees must allow employees to take time off for medically necessary genetic testing or cancer screening each year. The key features of this new statute are:
- Employees are entitled to one day off for this purpose each year.
- They need not be paid for the time off, but they may choose to use paid leave for this time. It is unclear whether employers may require an employee to use paid time off for this leave. Employers should not try to dock or deduct from exempt workers’ pay for this type of time off.
- The testing must be medically necessary to diagnose, cure, or prevent a condition and not for investigational or cosmetic purposes.
- Employees should give at least 15 days’ notice of the need for this leave and make a reasonable effort to schedule it in a way that does not cause undue disruption to the employer’s operations.
- Employers may require employees to provide documentation confirming the performance of the testing or screening but may not request or ask about the results.
- This type of leave will be listed on a new workplace poster to be issued by the Louisiana Workforce Commission.
If you have questions about this new statute or other leave matters, contact Tommy McGoey or Kindall James for assistance.
Disclaimer: This Blog/Web Site is made available by the law firm of Liskow & Lewis, APLC (“Liskow & Lewis”) and the individual Liskow & Lewis lawyers posting to this site for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice as to an identified problem or issue. By using this blog site you understand and acknowledge that there is no attorney-client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site. The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter.
Privacy Policy: By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry. Communications include firm news, insights, and events. To receive information from Liskow & Lewis, your information will be kept in a secured contact database. If at any time you would like to unsubscribe, please use the SafeUnsubscribe® link located at the bottom of every email that you receive.