When could a Louisiana university employee receive payment for unused sick leave?
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This page answers the general question as of 2000. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.
Plain-English summary
The University of Louisiana at Monroe asked about payment for an employee's unused sick leave. In 2000, the attorney general's office concluded that the employee was entitled to payment at actual retirement, up to the statutory value of twenty-five working days. It said termination of employment by itself did not trigger the payment.
The office identified provisions for unclassified non-teaching and teaching university employees. It also cited two earlier attorney general opinions for the distinction between termination and retirement. Its answer concerned the employee described in the university's request.
Currency note
This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
University employees at the time
The opinion tied payment for accrued sick leave to actual retirement or death under the quoted statutory provisions. For the employee in the request, it found payment due at retirement.
University human-resources staff at the time
The office distinguished the employee's departure from actual retirement. It treated the latter as the event that entitled this employee to the unused-leave payment.
Common questions
Q: Was unused sick leave paid as soon as a university employee left the job?
A: The opinion said no. The payment it discussed arose at actual retirement, not merely because employment ended.
Q: How much unused sick leave could be paid under the cited provisions?
A: The opinion quoted a cap equal to the value of twenty-five working days for the unclassified employees covered by the provisions.
Q: Did the opinion cover both teaching and non-teaching university staff?
A: It identified separate provisions for unclassified teaching and non-teaching employees. Its conclusion applied to the employee in the university's request.
Background and statutory framework
The office cited R.S. 17:2149(A)(7) for unclassified non-teaching staff and R.S. 17:3312(A)(7) for unclassified teaching staff. The source's second footnote labels the quoted subsection differently from the main text; this page preserves both as printed. The quoted provisions described payment on death or retirement and capped it at twenty-five working days. The office continued the approach of Attorney General Opinions 84-1030 and 80-483, treating actual retirement as the event relevant to the request.
Citations and references
- R.S. 17:2149(A)(7) (non-teaching staff)
- R.S. 17:3312(A)(7) (teaching staff, as cited in the main text)
- Attorney General Opinions 84-1030 and 80-483 (earlier opinions)
Source
- Landing page: https://www.ag.state.la.us/Opinions
- Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0343
Original opinion text
September 12, 2000
OPINION 00-343
94
Schools & School Districts
Mr. Charles Duff 22-B Education, Colleges
Human Resources
Employee of university may be paid for up to twenty-five days of
The University of Louisiana at Monroe unused sick leave upon retirement. 700 University Avenue Monroe, LA 71209-2300
Dear Mr. Duff:
Responding to your inquiry of recent date, note that unclassified, non-teaching employees of colleges and universities are paid for up to twenty-five days of unused sick leave at the time of retirement or death under R.S. 17:2149(A)(7)1. Unclassified teaching employees at colleges and universities are paid for up to twenty-five days of unused sick leave at the time of retirement or death under R.S. 17:3312(A)(7)2.
Pursuant to these statutes, such payment is not made because of termination of employment. It is only paid to the employee when he in fact retires. See Attorney
1
R.S. 17:2149(A)(7) provides:
§ 2149. Use of sick leave, non-teaching personnel * * * * *
(7) Upon death or retirement of an unclassified employee, sick leave accrued to his credit shall be computed and the value thereof shall be paid to him provided that the sick leave had been accrued under established leave regulations and a daily attendance record has been maintained for the employee by his supervisor, except that such payment shall not exceed the value of twenty-five working days computed on the basis of a five day week and on a 4 week per month basis for personnel employed on a less than 12 month employment basis and on the basis of a five-day week and fifty-two week year for twelve month employees. The rate of pay shall be computed utilizing the base rate the employee is receiving at the time of termination.
2
R. S. 17:3312(a)(7) provides:
§ 3312. Use of sick leave
(8) Upon death or retirement of an unclassified employee, sick leave accrued to his credit shall be computed and the value thereof shall be paid to him provided that the sick leave had been accrued under established leave regulations and a daily attendance record has been maintained for the employee by his supervisor, except that such payment shall not exceed the value of twenty-five working days computed on the basis of a five day week and on a 4 week per month basis for personnel employed on a less than 12 month employment basis and on the basis of a five-day week and fifty-two week year for twelve month employees. The rate of pay shall be computed utilizing the base rate the employee is receiving at the time of termination.
Page 2
Mr. Charles Duff
OPINION 00-343
Page 2
General Opinions 84-1030 and 80-483. We continue to adhere to this determination, and conclude that the university employee referenced in your correspondence is entitled to the payment of such unused sick leave at the time of his actual retirement.
Very truly yours,
RICHARD P. IEYOUB
ATTORNEY GENERAL
BY: ________
KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams
cc: Mr. James Falls
Director of Human Resources
Page 3
Mr. Charles Duff
OPINION 00-343
Page 3
#00-343
95 Schools & School Districts
22-B Education, Colleges & Other Institutions of Higher Education
Employee of university may be paid for up to twenty-five days of unused sick leave upon retirement.
Mr. Charles Duff
Human Resources
The University of Louisiana at Monroe
700 University Avenue
Monroe, LA 71209-2300
Date Received:
Date Released: September 12, 2000
KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
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