If you are an employee in Baton Rouge, Louisiana, you need to know your rights under FMLA law.
According to Nolo, employers in Louisiana (and every state!) must follow the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave, with the right to reinstatement, for certain reasons. Because Louisiana law also gives employees additional leave rights, employees are entitled to the protections of all applicable laws. That means that if more than one law applies, employees may use the most beneficial provisions.
Federal FMLA Rights
Employees in Louisiana are allowed to take leave from work under both federal and state law. In Louisiana, eligible employees are entitled to take up to 12 weeks of leave for serious health conditions, bonding with a new child, or preparation for a family member’s military service; more leave is available for employees who need to care for a family member who was seriously injured on active military duty.
Who Is Covered?
Louisiana employers are subject to FMLA law if they have at least 50 employees for at least 20 weeks in the current or previous year.
Employees are eligible for FMLA leave if:
- they have worked for the company for at least a year
- they worked at least 1,250 hours during the previous year, and
- they work at a location with at least 50 employees within a 75-mile radius.
Reasons for Leave
FMLA leave is available if an employee needs time off to:
- recuperate from a serious health condition
- care for a family member with a serious health condition
- bond with a new child
- handle qualifying exigencies arising out of a family member’s military service, or
- care for a family member who suffered a serious injury during active duty in the military. (You can find more information on these last two types of leave in Military Family Leave for Employees.)
How Much Leave Is Available?
Louisiana employees may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave is available every 12 months, as long as the employee continues to meet the eligibility requirements explained above.
Employees may take up to 26 weeks of leave in a single 12-month period for military caregiver leave. However, this is a per-injury, per-service member entitlement. Unless the same family member is injured again, or another family member suffers an injury while on active duty, an employee may not take additional leave for this purpose.
Leave and Reinstatement Rights
Employees are entitled to continue their health insurance while on leave, at the same cost they must pay while working. FMLA leave is unpaid, but employees may be allowed (or required) to use their accrued paid leave during FMLA leave. When an employee’s FMLA leave ends, the employee is entitled to be reinstated to the same or an equivalent position, with a few exceptions.
Louisiana Family and Medical Leave Laws
In addition to the rights granted by the FMLA, Louisiana employees have the right, under state law, to take time off for pregnancy disability and for small necessities leave.
Louisiana Pregnancy Disability Leave
● Employers with more than 25 employees must give eligible employees time off for disability relating to pregnancy, childbirth, or related conditions. Employers must provide up to six weeks off for normal pregnancy and childbirth, and up to four months off for more disabling pregnancies.
Small Necessities Law
● All employers must give employees up to 16 hours of unpaid leave in any 12-month period to attend, observe, or participate in conferences or classroom activities relating to their children (in school or in day care), if those activities cannot be rescheduled outside of work.
Are all employers required to provide FMLA leave?
No. According to Louisiana Law Help, FMLA applies only to:
- Private sector employers who employ 50 or more people for at least 20 workweeks in the current or preceding calendar year, including joint employers and successors of covered employers
If you’re an employee in the Baton Rouge, Louisiana area, make sure you’re getting to take advantage of your rights under FMLA law. Unfortunately, sometimes employers try to make it difficult for their employees to take the leave that they’re legally entitled to. Make sure this doesn’t happen to you! If you suspect that you’re being treated unfairly in regards to your FMLA rights, it might be time to talk to an experienced employment attorney. Or maybe you have questions about your rights under FMLA law? Miller, Hampton & Hilgendorf have been rated the top 3 best employment lawyers in Baton Rouge, Louisiana. Put their experience to the test! Call 225-343-2205 or send a message online.
3960 Government St.
Baton Rouge, LA 70806