Legal Question in Employment Law in Louisiana

An employee has been out of work for personal (non-protected reasons) for several days. Unless the employee takes this time as vacation, the employee will receive no pay. The employee has accrued several weeks of vacation, but has not taken any vacation year-to-date. Can the employer categorize the employee's absence hours as paid-vacation time on behave of the employee, in an effort to protect the employee's pay? Or, is "vacation" time classification limited to only desigation by the employee?


Asked on 11/21/09, 7:27 pm

1 Answer from Attorneys
Hardy Parkerson Retired Attorney; now Law Professor

Dear LawGuru Friend,

Of course, what you suggest is allowable if the employee agrees to it. If the employee

does not agree to it, then it appears to me that the employee is being unreasonable

and uncooprative in attempting to solve an employment problem that he, himself is

creating. Of course, that would--at least in my thinking--be just cause to discharge the employee from employmnet, pay him what the employer owes him and get on to running the business with more cooperative employees and those who are able to show up for work on schedule. Of course, there may be more to it all than this, but this is something to think about.

Should you like to discuss this further with me at no charge, e-mail me your name and phone number; and I will call you and discuss this further with you. Why no charge? Well, I am at least temporarily retired from law practice, and I just love the law and helping others with their legal problems; for the reason, among other things, that I consider my ability to help other with their legal problems a gift from God.

Looking forward to hearing back from you, I am

Sincerely,

Hardy Parkerson, J.D.

127 Greenway Street (feel free to write me)

Lake Charles, LA 70605

Read more
Answered on 12/05/09, 2:43 pm


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