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Terms Used In Louisiana Revised Statutes 29:406

  • Compensation: means normal or regular base pay, but does not include overtime, per diem, differential pay, or any other allowance for other expense. See Louisiana Revised Statutes 29:403
  • Employee: means any person employed by any private or public employer. See Louisiana Revised Statutes 29:403
  • Employment: means a position as an employee with any private or public employer. See Louisiana Revised Statutes 29:403
  • Service in the uniformed services: means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty. See Louisiana Revised Statutes 29:403
  • Uniformed services: means the armed forces of the United States as defined by Louisiana Revised Statutes 29:403

A.  Any employee who leaves employment in order to perform service in the uniformed services shall be treated as being on military leave of absence during the period of service in the uniformed services, provided that he  notifies the employer in writing of the intent to return to a position of employment in accordance with La. Rev. Stat. 29:410.

B.  The employee, at his option, may use any amount or combination of his accrued annual leave, paid military leave, vacation, or compensatory leave standing to his credit during the period of service in the uniformed services.

C.  The employee shall continue to accrue sick leave, annual leave, vacation leave,  military leave, holiday pay, and any paid leave, offered by the employer, pursuant to the employer’s stated leave of absence policy which would have accrued if continuously employed.

D.  No employer may deduct from the compensation paid to an employee in service in the uniformed services any cost of replacing said employee during said employee’s service in the uniformed services.

Acts 1991, 1st E.S., No. 6, §1, eff. April 17, 1991; Acts 1995, No. 716, §1, eff. June 21, 1995; Acts 2005, No. 144, §1.