Louisiana Employee Rights
Employees in Louisiana are entitled to certain rights before, during, and after they are hired. The size of the company an employee works for in Louisiana determines what rights he is entitled to. Worker compensation, anti-discrimination laws and leave laws all protect employees in Louisiana. Employers cannot legally fire, discipline or terminate an employee for reporting unsafe working conditions, or illegal activities within the workplace.
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FMLA
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An employee may take leave to look after a newborn in Louisiana. The Family Medical Leave Act protects Louisiana employees when it comes to taking time off for personal or family-related medical situations. An employees has the right to take up to 12 weeks off per year—if she works for a company that employs at least 50 workers and has been with the company for at least 12 months—to take care of a family member or spouse who has become seriously ill. Time off is also allowed to care for an adopted child or newborn. While this time off is not required to be paid time off, employees who qualify are entitled to job protection.
Discrimination
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Disabled employees in Louisiana are protected under the ADA. Under Louisiana law, employers cannot discriminate during the hiring process, or in regards to promotion or termination, for any reasons related to race, national origin, age, sex, disability or religion. Under the Americans with Disabilities Act (ADA), any disabled employee is entitled to accommodations within the work place. Pregnant women cannot be discriminated against or be forced to take leave if they are able to fulfill their jobs. Employees who feel they have been discriminated against may file reports with the Louisiana Commission on Human Rights.
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Whistle Blowing
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Whistle blowing laws in Louisiana protect employees from working in illegal or dangerous environments. In 1997, the Louisiana Legislature passed a law protecting employees who report illegal activities or refuse to partake in illegal activities in the workplace. Any employer who discriminates or terminates an employee for reporting or testifying about labor law violations faces criminal and civil penalties. If an employer fires an employee for whistle blowing, the employee has the right to reclaim his job as well as any wages or benefits lost while he was unable to work.
Compensation
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Employees who injure themselves at work due to intoxication are not entilted to compensation. Employers in Louisiana must supply employees with workers compensation in the event they become injured while at work. However, employees are not entitled to compensation if they injure themselves while intoxicated at work or if they ignore safety regulations. Employees who intentionally injure themselves, or become injured while intentionally injuring a fellow worker also are not entitled to compensation. Small businesses that meet the requirements of the Safety and Health Achievement Recognition Program (SHARP) in Louisiana become exempt from Occupational Safety & Health Administration (OSHA) inspections for one year.
Termination
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Compensation is available to terminated employees in Louisiana if they qualify for it. Employees who lose their jobs in Louisiana are entitled to certain rights if they meet the requirements of the Louisiana Employment Security Law, including temporary financial support of up to $258 a week. In order to be eligible, employees must show proof that they earned enough money while working to receive financial aid and that their termination was through no fault of their own. They also must prove that they are ready and able to work. Under the Consolidated Omnibus Budget Reconciliation Act (COBRA), qualifying employees are allowed to continue their health care coverage for up to 18 months at their own expense.
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