Louisiana has enacted legislation (Senate Bill 200), which will require employers with 20 or more employees to provide leave to employees for genetic testing and cancer screening when medically necessary. The changes take effect Aug. 1, 2023.
The details
When medically necessary, an employer must grant an employee a day's leave of absence from work to obtain genetic testing or preventive cancer screening.
To be considered medically necessary, the testing or screening must be in accordance with generally accepted evidence-based medical standards, or that are considered by most physicians or independent licensed practitioners within the community of their respective professional organizations to be the standard of care.
The services must also 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 not equally effective and less costly course of treatment is available or suitable for the recipient.
Employee Notice and Documentation
An employee who wishes to request such leave must provide at least 15 days’ notice to the employer prior to the leave and make a reasonable effort to schedule the leave to avoid unduly disrupting the operations of the employer.
The employee must provide documentation confirming the performance of such genetic testing or cancer screening when requested by the employer. An employee mustn’t be required to disclose the results of genetic testing or a preventative cancer screening.
Pay During Leave
The leave may be unpaid. However, an employee must be permitted to substitute any accrued vacation time or other appropriate paid leave for this purpose.
Employer Notice
Covered employers must post a notice in a conspicuous location setting forth the requirements of the law. The notice will be prepared by the Louisiana Workforce Commission.
Next steps
Covered Louisiana employers should review policies and procedures to ensure compliance with Senate Bill 200 by Aug. 1, 2023, and post the required notice.
Please contact your dedicated service professional with any questions.