Louisiana: New Employee Leave for Genetic Testing and Cancer Screening

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APPLIES TO

Employers with 20+ Employees in LA

EFFECTIVE

August 1, 2023

  

QUESTIONS?

Contact HR On-Call

(888) 378-2456
Quick Look

  • Effective August 1, 2023, employers with 20 or more employees are required to provide a day’s leave of absence from work to employees who require medically necessary genetic testing and cancer screenings.

Discussion

Effective August 1, 2023, employers with 20 or more employees are required to provide a day’s leave of absence from work to employees who require medically necessary genetic testing and cancer screenings. Enacted under SB 200, the new law also prohibits employers from discriminating or retaliating against employees who take such leave.

To be eligible for leave under the new law, the employee’s testing must be “reasonably necessary to diagnose, correct, cure, alleviate, or prevent the worsening of a condition or conditions that endanger life, cause suffering or pain, or have resulted or will result in a handicap, physical deformity, or malfunction, and those for which no equally effective and less costly course of treatment is available or suitable for the recipient.” Services that are investigational, cosmetic, or experimental and not approved by the Federal Drug Administration are not considered medically necessary.

Employees requesting leave under the law should give at least 15 days’ notice to their employer prior to taking leave, and should make reasonable efforts to schedule the leave in a manner that does not cause an undue disruption to the employer’s operations. Employees may be required by their employer to provide documentation confirming the performance of the genetic testing and/or cancer screening. However, employees are not required to disclose the results of the test or screening and employers should not ask for such results. Leave under the new law is unpaid, however, employees may elect to substitute any accrued paid time off that the employer provides.

Action Items

  1. Review and revise leave and discrimination policies.
  2. Train appropriate personnel on new leave requirements.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2023 ManagEase