Bereavement Leave Laws in Louisiana: What Employers Must Allow

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., is the primary federal statute addressing leave for employee bereavement. The FMLA applies to employers with 50 or more employees within 75 miles of the worksite. Covered employers must provide eligible employees with up to 12 weeks of unpaid, job-protected leave in a 12-month period for a "serious health condition" or for qualifying exigencies arising from a family member's military service, including bereavement.

Under FMLA regulations (29 CFR § 825.113), an employee may take FMLA leave for the death of a spouse, child, or parent to arrange and attend a funeral, make funeral arrangements, or grieve. However, the death of an in-law, sibling, grandparent, aunt, uncle, cousin, or friend does not qualify for FMLA leave. The employee must meet FMLA eligibility requirements: employed for at least 12 months, worked at least 1,250 hours in the past 12 months, and employed at a covered worksite.

The EEOC does not enforce FMLA; the U.S. Department of Labor (DOL) administers it. Remedies include reinstatement to the same or equivalent position, back pay, and damages for loss of health insurance benefits. No private right of action exists for damages; employees must file complaints with the DOL Wage and Hour Division. Private-sector employers without 50 employees are not covered by FMLA, and bereavement leave remains voluntary.

Louisiana does not have a state statute requiring employers to provide bereavement leave. Louisiana Employment Law (La. R.S. 23:901 et seq.) establishes general employment protections but contains no mandatory bereavement leave requirement. This means Louisiana employers are not required to offer paid bereavement leave, unpaid bereavement leave, or time off to attend funerals.

Unlike some states (e.g., California, New York), Louisiana does not strengthen federal FMLA protections or create a separate state-level bereavement leave statute. Louisiana is a private-at-will employment state, meaning employers may set their own leave policies absent a contract or collective bargaining agreement.

Covered vs. non-covered employers: Federal FMLA still applies to Louisiana employers with 50+ employees. These employers must comply with FMLA for qualifying deaths. Louisiana employers with fewer than 50 employees have no federal or state obligation to provide bereavement leave. However, some Louisiana employers, especially larger corporations and public employers, voluntarily offer bereavement leave as a recruitment and retention benefit.

Public employees in Louisiana may have statutory or contractual bereavement rights. State civil service employees, teachers, and local government employees may be covered by civil service rules, collective bargaining agreements, or agency policy that provides bereavement leave. Louisiana State Police, firefighters, and corrections officers, for example, may have contractual bereavement benefits.

Remedies: Because Louisiana imposes no bereavement leave requirement, employees have no legal claim for denied bereavement leave under state law. Remedies are available only under FMLA (if applicable) or through contract/collective bargaining agreement terms. An employee denied FMLA leave can file a complaint with the DOL Wage and Hour Division.

Louisiana employers have no legal obligation to provide bereavement leave under state law, so the concept of exceptions under a mandatory scheme does not apply. However, several important limitations and carve-outs exist:

FMLA applicability limits: FMLA covers only employers with 50+ employees within 75 miles; smaller employers are entirely exempt. FMLA qualifies only deaths of spouse, child, and parent—not in-laws, siblings, friends, or extended family. An employee must meet all three FMLA eligibility criteria (12 months employed, 1,250 hours worked, covered worksite); failure to meet any disqualifies them.

At-will employment: Louisiana is a pure at-will state. An employer may refuse to grant bereavement leave, and an employee may be terminated for refusing to work during a bereavement period, absent a specific contract, collective bargaining agreement, or FMLA protection. An employer cannot be held liable for denying bereavement leave.

Voluntary policy exceptions: If an employer has adopted a bereavement leave policy, the policy's own terms define exceptions—e.g., "bereavement leave applies only to immediate family" or "requires advance notice." These are contractual exceptions, not legal ones.

Public employment: Public employers may have statutory or contractual bereavement rights, but these vary by agency and are not guaranteed uniformly across Louisiana public service.

Union/collective bargaining: Unionized employees in Louisiana may have contractual bereavement leave if negotiated into their collective bargaining agreement, but non-union private employees have no statutory right.

Step 1: Document everything. If your employer promised bereavement leave in writing (employee handbook, offer letter, or contract) and denied it, keep copies of all documents showing the promise and the denial. If your FMLA rights were violated, document the dates you requested leave, the date of the death, and written or email communication from your employer denying leave or terminating you. Keep personal calendar notes, email chains, and text messages. If witnesses heard your bereavement leave request, note their names.

Step 2: Attempt an internal complaint process. Even though Louisiana law does not require bereavement leave, if your employer has an HR department or grievance procedure, file a written complaint documenting the denial and referencing your employee handbook policy or FMLA eligibility. Send the complaint via email or hand-deliver it with a signed receipt. Request a response in writing. This creates a paper trail and may resolve the issue without litigation. However, if your employer has no formal policy promising bereavement leave, an internal complaint may not result in relief.

Step 3: Determine if FMLA applies. If your employer has 50+ employees and you meet FMLA eligibility criteria (12 months employed, 1,250 hours worked, covered worksite), your violation is federal. File a complaint with the U.S. Department of Labor Wage and Hour Division (WHD). The complaint must be filed within two years of the violation (or three years if willful). Contact: DOL Wage and Hour Division, 1-866-4-USDOL (1-866-487-8635) or visit www.dol.gov/agencies/whd. Provide your name, employer name, address, employment dates, the specific date of the death, the date leave was denied or you were fired, and copies of relevant documents. You can also file online at www.dol.gov/agencies/whd/contact/complaints.

Step 4: Understand the investigation process. The DOL Wage and Hour Division will contact your employer to investigate. The investigation typically takes 30-90 days, though complex cases may take longer. The DOL will review your employment records, employer policies, timekeeping records, and communications. Your employer may be required to produce written policies and payroll data. You may be interviewed by phone or in person. If the DOL finds a violation, it will notify the employer and you. Remedies include reinstatement, back pay, and damages for lost health insurance benefits.

Step 5: Consult an employment attorney. If your employer violated an express written bereavement leave policy (e.g., promised in an employee handbook), or if an FMLA violation resulted in termination, consult a Louisiana employment law attorney licensed to practice in Louisiana state and federal court. Many employment attorneys work on contingency (no upfront fee). Bring all documentation: your employment contract, employee handbook, email chains, and any written communication from your employer. An attorney can evaluate whether you have a contractual claim, an FMLA claim, or a retaliation claim. If you were fired for requesting bereavement leave and you also belong to a protected class (e.g., race, age, religion), an attorney can explore whether discrimination law applies. Contact the Louisiana State Bar Association Lawyer Referral Service at (800) 947-6418 or visit www.lsba.org.