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Louisiana Sick Leave: A State With No Wage Statute
Ask whether Louisiana requires paid sick leave and the honest answer is that no statute touches the subject at all, not accrual, not carryover, not payout at separation. Louisiana is also one of the small number of states that has never passed its own minimum wage law, so the federal $7.25 rate fills that gap too, by default rather than by legislative choice.
Louisiana at a glance
| Paid sick leave mandate | None statewide for private employers |
|---|---|
| Governing rule | Your written policy, enforced as written |
| State paid family and medical leave | None. Federal FMLA only, unpaid, at 50+ employees |
| Minimum wage | Federal $7.25 (no state minimum wage law) |
| Overtime | Federal FLSA rules (weekly over 40) |
| Coverage below the 20-employee COBRA line | Louisiana Group Health Insurance Continuation, up to 12 months [La. Rev. Stat. section 22:1046 (Group health insurance continuation)] |
Job protection exists here, wage replacement does not
There is no Louisiana version of a paid family and medical leave benefit, which leaves federal FMLA as the sole source of job-protected leave, unpaid in every case. The eligibility test has nothing to do with the reason for the leave and everything to do with size and tenure: 50 or more employees within 75 miles, 12 months of service, and 1,250 hours actually worked in that period. A Louisiana employer under that headcount owes nothing under FMLA at all, statute or otherwise. See the U.S. Department of Labor's FMLA overview.
A 12-month continuation right
La. Rev. Stat. section 22:1046 gives Louisiana its own version of the same idea: group health continuation for anyone not eligible for federal COBRA, which in practice means smaller employers. Three consecutive months of coverage ahead of a qualifying event, whether that event is a termination, a death, or a divorce, earns an employee or member twelve more months of the same group coverage after it would otherwise have ended. See La. Rev. Stat. 22:1046.
Texas runs the identical no-mandate rule, worded differently
Louisiana borders Texas, which also has no statewide paid sick leave mandate and no state paid family leave program, and pays the federal $7.25 by adopting the federal rate by reference rather than leaving the question open the way Louisiana does. The practical effect on employers is the same either way: neither state sets an accrual rule, so a Louisiana company with a remote hire in Texas is not picking up a new sick leave obligation, only a second continuation statute and a differently worded wage citation for the handbook.
Where a Louisiana employer gets this wrong is assuming a state with no wage law and no sick leave law has nothing on the books at all. La. Rev. Stat. 22:1046 says otherwise: three months of coverage ahead of a termination, death or divorce buys twelve more months of coverage afterward, a real statutory right sitting underneath an otherwise blank leave and wage picture.
In summary: Louisiana runs no wage law of its own, no sick leave law, and 12 months of continuation under La. Rev. Stat. 22:1046, with FMLA's 50-employee, 12-month, 1,250-hour gate the only federal floor underneath it.
FMLA, remote-hire exposure and voluntary policy drafting: paid leave fundamentals.
For Louisiana specifically: nothing above is statutory in Louisiana, so your written policy is the enforceable rule, the wage floor those hours are paid at is Federal $7.25 (no state minimum wage law), and below the federal 20-employee COBRA threshold Louisiana still requires continuation coverage for up to 12 months. HR outsourcing in Louisiana keeps that in the handbook and in payroll.
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Frequently Asked Questions
Does Louisiana require paid sick leave?
No. Louisiana has no statewide requirement for private employers, so whatever your handbook says is the enforceable rule, including on carryover and payout. Hours you do pay are paid at Federal $7.25 (no state minimum wage law).
What pay rate applies to leave hours in Louisiana?
Minimum wage in Louisiana is Federal $7.25 (no state minimum wage law). Overtime: Federal FLSA rules (weekly over 40). Paid leave hours generally do not count toward the overtime threshold because they are not hours worked.
Does health coverage continue after separation in Louisiana?
Federal COBRA applies at 20 or more employees. Below that, Louisiana has its own continuation law, the Louisiana Group Health Insurance Continuation, running up to 12 months (La. Rev. Stat. section 22:1046 (Group health insurance continuation)).
Does Louisiana run a paid family and medical leave programme?
No. Federal FMLA is the only family and medical leave floor in Louisiana: 12 workweeks, unpaid, at employers with 50 or more employees.
Does a Louisiana employee need 3 full months of coverage before qualifying for continuation?
Yes, continuous coverage under the group policy, or a replaced policy, for the 3 consecutive months right before the qualifying event, per La. Rev. Stat. 22:1046.
What three events trigger Louisiana’s 12-month continuation right?
Termination of active employment or membership, the covered employee’s death, or divorce, any of which starts the 12-month clock under La. Rev. Stat. 22:1046.
Does Louisiana’s continuation apply if the employer’s group plan is terminated entirely?
No. La. Rev. Stat. 22:1046 continues coverage only when an individual’s eligibility ends; if the underlying group policy is discontinued outright, there is no coverage left to continue.
Where does a Louisiana resident shop for ACA marketplace coverage?
HealthCare.gov. Louisiana has not built a state-based exchange, so federal enrollment tools and open-enrollment deadlines control.
Does Louisiana’s continuation right extend to dependents, not just the employee?
Yes. La. Rev. Stat. 22:1046 covers the employee or member and covered dependents alike, provided each meets the 3-month prior coverage requirement.
Is this a PEO?
No. No co-employment and no employer-of-record change: your company stays the employer. HR outsourcing, powered by isolved.
Anthony leads HR outsourcing strategy at Business Executive Group, a national HR outsourcing firm serving employers across every state. BEG HR outsourcing is powered by isolved, with certified HR professionals building and maintaining state-correct leave policy, handbooks, and hiring paperwork, plus support for talent acquisition and direct hire needs as teams grow.
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