The Louisiana Legislature Passes the “Lost Wage Benefits for Domestic Violence Victims Act”

January 08, 2008

Employers in Louisiana should take note of recent legislation passed in the last regular session of the Louisiana Legislature in August. The Legislature passed the "Lost Wage Benefits for the Domestic Violence Victims Act." Under this Act, an employee will be eligible to receive lost wage benefits if the employee leaves his or her employment because he/she is unable to continue working due to "domestic abuse," as defined under state law, La. Rev. Stat. 46:2132, for any of the following reasons:

1) The individual's reasonable fear of future domestic abuse at or traveling to or from the individual's place of employment;

2) The individual's need to relocate to another geographic area in order to avoid future domestic abuse;

3) The individual's need to address the physical, emotional, psychological or legal aspects of domestic abuse; or

4) The individual's reasonable belief that separation from employment is necessary for the present or future safety of the individual or the individual's family because of domestic abuse.

The Act provides that an employee shall only be eligible to recover benefits pursuant to this program, one time per calendar year. The Act also provides for the reporting requirements which must be met as evidence of domestic abuse, which include court rulings, law enforcement records, past convictions involving the alleged abuser, medical documentation by a licensed medical provider who has examined the individual and/or an affidavit from designated individuals listed in the statute.

It is important to note that any amounts paid under this Act come from federal and state agencies and are not charged either to the experienced rating - on account of an employer or to the Unemployment Compensation Fund.