By: HUB's Absence Management Team

All Louisiana employers are now required to provide a one-day leave of absence to employees who need time off work for genetic testing and cancer screening that is deemed medically necessary. This law is in effect as of August 1, 2023.

New Legislation Affecting All Louisiana Employers

All Louisiana employers are covered by the new genetic testing and cancer screening leave law and must provide this absence to eligible Louisiana employees, when requested. Employees must request this leave at least 15 days in advance and make a reasonable effort to schedule the service as not to disrupt business operations. Employees are required to provide documentation confirming the performance of such tests, but they are not required to disclose the results to their employer. While employers are not required to pay for the time off requested, the law does not state whether employers can require employees to use paid time off.

Employee eligibility relies solely on whether the testing that they request the absence for is medically necessary. The law states:

In order to be considered medically necessary, services shall be deemed 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.

The law also goes on to state that services that are experimental, not approved by the Food and Drug Administration, investigational, or cosmetic are specifically excluded from coverage as they are not deemed medically necessary.

Next Steps for Employers

  • Review and update your policies and handbooks to reflect these changes immediately.
  • The state will soon be releasing a required notification that must be posted in a conspicuous location. Check the state website for this notice and post it when available.

NOTICE OF DISCLAIMER Neither Hub International Limited nor any of its affiliated companies is a law or accounting firm, and therefore they cannot provide legal or tax advice. The information herein is provided for general information only and is not intended to constitute legal or tax advice as to an organization’s specific circumstances. You should consult an attorney, accountant, or other legal or tax professional regarding the application of the general information provided here to your organization’s specific situation in light of your organization’s particular needs.