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Louisiana Requires Leave for Genetic Testing and Cancer Screening

19 Jul

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Update applicable to:

Employers with 20 or more employees in Louisiana

What happened?

Louisiana enacted HB200, which provides that retaliation against an employee for an absence from work due to genetic testing or a medically necessary cancer screening shall be an unlawful employment practice

What are the details?

Employers must provide one day of unpaid leave to employees for medically necessary genetic testing and preventive cancer screening. Private educational institutions, nonprofits, and religious organizations are exempt. Employees must be allowed to use any accrued paid time off, such as vacation time, during their leave.

Employee Notice and Documentation
Employers can require that employees provide at least 15 days’ notice of their need for leave and make a reasonable effort to schedule the leave so that it doesn’t disrupt business operations. Employers can also request documentation confirming that the testing or screening was performed but can’t ask for the test results.

Employer Notice
Employers need to post a notice about these rights in a conspicuous location at work. The state has been charged with creating a sample notice, which has not yet been released.

For more information, please see the links below:

Official Bill Page

Bill (Act No. 210)

Statute La. Stat. tit. 23 § 370

What do employers need to do?

Employers should add a genetic testing and preventive cancer screening leave policy to their handbook and post the notice prepared by the Louisiana Workforce Commission in a conspicuous location in the workplace, when it’s available.

Need help understanding how changes to employment laws will affect your business?

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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