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Military Duty Leave for Employees in Louisiana

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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Louisiana employers must provide employees with leave for military duty in accordance with these state rules.

Any employee who leaves employment to perform service in the uniformed services (armed forces, Army National Guard, Air National Guard, commissioned corps of the Public Health Service and anyone designated as part of the uniformed service by the President during time of war or emergency) must be treated as being on military leave of absence during the period of service, provided that the employee applies for reemployment after the period of service ends.

Employees may, at their option, use any amount or combination of accrued annual leave, paid military leave, vacation or compensatory leave during the period of military leave of absence.

Employees continue to accrue sick leave, annual leave, vacation leave and military leave during a military leave of absence, just as if the employee were still working.

An employer may not deduct from an employee's compensation for the cost of replacing the employee during a military leave of absence.

Employers are authorized to pay compensation to any employee who leaves employment to perform service in the uniformed services. Employers that elect to pay the compensation must pay compensation on a uniform basis to all such employees.

Reinstatement

An employee who leaves employment to perform service in the uniformed services and who reapplies for insurance coverage after release, must be reinstated, including all his or her family members and dependents previously covered, with the group insurance program or medical and health care coverage without any clause or restriction because of a preexisting condition. Any eligible dependent covered under a plan or policy who is called to service in the uniformed services and whose coverage under a plan or policy is not maintained during their service, after release and upon application of the policyholder of the plan or policy, must be reinstated with the group policy or plan without any clause or restriction because of a preexisting condition.

A person who takes military leave of absence is entitled to reemployment within ten days after application for reemployment if all the following conditions are met:

  • advance written or oral notice of the need for military leave of absence was provided to the employer;
  • the cumulative length of absence for military leave did not exceed five years; and
  • the person reports to or submits an application for reemployment with the employer whose service the employee left for military leave of absence.

Prohibited Discrimination

A person who is a member of, applies to be a member of, performs, has performed, applies to perform or has an obligation to perform service in a uniformed service may not be denied initial employment, reemployment, retention in employment, promotion or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service or obligation.

Posting Requirements

Employers are required to post in a conspicuous place a notice available from the Louisiana Department of Labor that notifies military reservists that they have protected employment and reemployment rights.

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