The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Carla S. Roberts.
DIGEST
SB 81 Original 2015 Regular Session Peterson
Proposed law provides that beginning January 1, 2016, an employer who employs five or more full-
time employees is required to provide paid sick leave benefits for all full-time employees.
Proposed law provides that beginning January 1, 2016, an employer who employs less than five
employees is required to provide unpaid sick leave benefits for all full-time employees.
Proposed law provides that the employee shall earn sick leave benefits of one hour of sick leave for
every 40 hours worked up to a maximum number of 52 hours of sick leave per year.
Proposed law provides that the employee is entitled to use the earned sick leave benefits after they
have been employed for 90 days.
Proposed law provides that the employee may carry forward unused sick leave benefits to the next
calendar year.
Proposed law provides that the employer is not required to pay the employee for unused sick leave
benefits when the employee is separated from employment.
Proposed law provides that if an employee is rehired by the employer within 12 months of the
separation, all previously accrued but unused sick leave benefits shall be reinstated.
Proposed law provides that an employee may use sick leave benefits for any of the following:
(1)Employee's medical treatment or care for illness.
(2)Medical treatment or care for illness of a family member.
(3)Business closure due to a public health emergency.
(4)Employee's child's school closure due to a public health emergency.
(5)Injuries sustained by the employee as a result of domestic violence, sexual assault, or
stalking.
(6)An employee's attendance at a meeting at the employee's child's school related to the child's
disability or health related matter.
(7)Employee compliance with quarantine requirements during a public health emergency. Proposed law provides that for purposes of proposed law "family member" means children, parents,
in-laws, spouses, grandparents and grandchildren, siblings, and any other person related by blood
or affinity whose association with the employee is the equivalent of a family relationship. Proposed
law further provides that the term "family member" will include domestic partners if the employer
provides other benefits to domestic partnerships in the course and scope of employment.
Proposed law provides that an employer who provides coverage for sick leave benefits as an
employee benefit which is the same as or greater than the benefit required in proposed law, need not
provide any greater benefit to the employee.
Proposed law provides that nothing in proposed law shall diminish an employer's obligation to
comply with a collective bargaining agreement or employer policy, as applicable, that provides
greater sick leave benefits than that provided for in proposed law.
Proposed law provides that an employee's right to paid sick leave benefits under proposed law may
not be diminished by a collective bargaining agreement entered into or renewed, or an employer
policy adopted or retained, after the effective date of proposed law.
Proposed law provides that an employee is required to notify the employer, either orally or in
writing, that he intends to use sick leave benefits.
Proposed law provides that, for an absence of three days or longer, the employer can require an
employee to obtain reasonable certification from a health care provider or an official related to the
use of the sick leave benefits for the purposes provided for in proposed law.
Proposed law provides that no employer will retaliate, discharge, expel, demote, or otherwise
discriminate, or take adverse employment action against an employee because the employee has used
sick leave benefits provided for under proposed law.
Proposed law provides that notice of employees' rights and employers' obligations must be posted
in a conspicuous location at every work site and provided individually to employees at the beginning
of their employment.
Proposed law provides that prior to Jan.1, 2016, the La. Workforce Commission shall promulgate
rules and regulations pursuant to the Administrative Procedure Act necessary to carry out the
provisions of proposed law.
Proposed law provides that whoever violates a provision of proposed law will be subject to a civil
fine to be levied by and paid to the La. Workforce Commission in an amount between $20 and $200.
Each day such violation continues shall constitute a separate offense.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 23:643)