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Is It LA Law for Employers to Pay Out Sick/ Vacation Time to Former Employees?
Posted on 3/6/19 at 10:17 am
Posted on 3/6/19 at 10:17 am
Anyone know if this is Louisiana law? If so, how should one handle this?
3
Posted on 3/6/19 at 10:32 am to lsugerberbaby
I’m not sure if it’s law. What I can say is that the last time I had to let an employee, who was based In Louisiana, go; HR paid out his vacation and sick days.
Posted on 3/6/19 at 10:46 am to lsugerberbaby
quote:
If so, how should one handle this?
well if you are on the employer side of this transaction i gotta think you are better off paying it out vs paying an attorney to answer it for you or defend you if you are wrong.
Seriously DO NOT take a yes or no from this board as fact.
Either pay an attorney to answer the question or pay the vacation.
And off the top of my head i believe every time i have seen someone fired they get paid the time. Quitting is a different situation. I dont think you can quit and ask for pay.
Posted on 3/6/19 at 11:59 am to Mr.Perfect
earned vacation must be paid out by law. sick does not.
Posted on 3/6/19 at 3:11 pm to bayou choupique
Thank you!
Posted on 3/6/19 at 3:27 pm to lsugerberbaby
ive read a little bit on this and it seems as though if you "gift" the employee a certain amount of hours and the policy handbook does not talk about them accruing the time, then it may not be considered a wage. vacation or pto time that is accrued is considered a earned wage and has to be paid regardless of what the policy handbook says, from what I remember.
Its not worth the fight as going to court over this will likely cost alot more than paying the vacation time.
Its not worth the fight as going to court over this will likely cost alot more than paying the vacation time.
Posted on 3/6/19 at 3:35 pm to bayou choupique
quote:
earned vacation must be paid out by law. sick does not.
a caveat to this, my company's employee handbook states that your vacation days are earned on a daily basis, so come Jan 1 you dont get all of your days. IE, on my last pay stub i earned 3.23 hours of PTO. you either have to wait to earn hours for time off or borrow ahead with supervisor permission.
so on January 1 i dont have all my days available should my employment end, and by July 1st i only have earned half my PTO days, ect.
Posted on 3/6/19 at 5:26 pm to diat150
I'm on the opposite side of this.
Attempted to buy his company, and he didn't so much like that. Ha.
Attempted to buy his company, and he didn't so much like that. Ha.
Posted on 3/7/19 at 3:46 pm to tigeraddict
quote:
a caveat to this, my company's employee handbook states that your vacation days are earned on a daily basis, so come Jan 1 you dont get all of your days. IE, on my last pay stub i earned 3.23 hours of PTO. you either have to wait to earn hours for time off or borrow ahead with supervisor permission.
This means it’s accrued and must be paid out when you are terminated.
Posted on 3/7/19 at 4:18 pm to bayou choupique
quote:
earned vacation must be paid out by law. sick does not.
My job only lets you carry over 10 PTO days to the following year. CEO told us you better use them or lose them. Within a week HR, sent an email stating we would be paid for any PTO days that were not used by the end of the year.
Posted on 3/7/19 at 4:55 pm to TigerintheNO
I’m interested in this. I’m leaving a parish fire department and have accrued 900 hours of sick time. They’re saying they won’t pay it out.
Posted on 3/7/19 at 5:07 pm to UFCST63
Sick leave in LA does not have to be paid out.
Posted on 3/8/19 at 8:17 pm to UFCST63
quote:
I’m interested in this. I’m leaving a parish fire department and have accrued 900 hours of sick time. They’re saying they won’t pay it out.
Do like every elected official at the end of their term. Get sick, get a doctor's notice to take leave for 900 hours, then resign.
Posted on 3/8/19 at 8:27 pm to diat150
You just got a 22.5 week head start on the new job!
Posted on 3/9/19 at 10:15 am to bayou choupique
earned vacation must be paid out by law. sick does not.
This simply is not true.
This simply is not true.
This post was edited on 3/9/19 at 10:17 am
Posted on 3/9/19 at 10:49 am to diat150
quote:
Do like every elected official at the end of their term. Get sick, get a doctor's notice to take leave for 900 hours, then resign
WWLTV did a story about a member of the state legislature (can't remember if was a rep or senator) that works for SUNO. When the legislature is in session he (illegaly) takes sick time, gets paid by the state twice. Once for his job at SUNO and paid again as a legislator. They have video of him giving a speech in the Baton Rouge chamber on a day he filled out paperwork saying he was too sick to come into work that week. We are talking about multiple months and years.
His boss who sign off on the leave couldn't comment citing HIPPA and personal laws.
Posted on 3/11/19 at 8:07 am to lsugerberbaby
Any lawyer will tell you ‘dont Win a lawsuit’ over this. As said usually PTO is earned so yes you have to pay it out, while sick is a benefit.
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