Could a Louisiana city cap how much unused vacation leave employees carried into the next year?

Plain-English summary

New Iberia's civil service rules allowed five unused annual-leave days to carry into the next year and credited the excess to sick leave. An employee said an administrative leave denial forced this conversion and argued that earned annual leave was a protected property right. In 2005, the Attorney General concluded that the city could place reasonable limits on when earned vacation days were used and how much carried forward. The opinion's reasoning assumed the employee had not been denied the opportunity to use the leave.

The AG relied on Louisiana Supreme Court decisions distinguishing a reasonable carryover ceiling from forfeiture of earned leave when an employee had a real chance to use it. The opinion recited the rule converting excess vacation days to sick days, but its express conclusion addressed the carryover and timing limits. It did not separately analyze a right to refuse conversion in circumstances where leave was actually denied.

Currency note

This opinion was issued in 2005. 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.

Common questions

Could New Iberia limit vacation days carried into the next year?

The AG said yes, if the limit was reasonable. It cited a court holding that a carryover ceiling by itself was not forfeiture when employees had the opportunity to use their earned days.

What happened to annual leave above the five-day carryover limit under the stated rule?

The board's rule, quoted in the opinion, credited excess unused annual leave to the employee's sick-leave balance. The AG described that rule while concluding the timing and carryover limits were permissible under the facts it understood.

What if an employee had actually been denied a chance to use earned leave?

The opinion relied on a court's caveat that a carryover ceiling could amount to forfeiture if the employee was denied the opportunity to use the days. It stated that no denial appeared under the provisions presented, so it did not decide a contrary fact pattern.

Background and statutory framework

The request arose from New Iberia's charter-governed civil service system and an administrative denial described by the requester. The AG discussed New Orleans Firefighters Local 632 v. New Orleans and Wyatt v. Avoyelles Parish School Board to evaluate limits on earned leave. It quoted R.S. 33:1996 while discussing firefighters' statutory vacation rights, rather than announcing a separate statutory rule for all municipal employees.

Citations

• R.S. 33:1996 (firefighter vacation provision discussed in the cited case).
• New Orleans Firefighters Local 632 v. New Orleans, 788 So. 2d 1166 (La. 2001) (carryover ceiling and earned leave).
• Wyatt vs. Avoyelles Parish School Board, 831 So. 2d 906 (La. 2002) (use-it-or-lose-it leave rule).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0142

Original opinion text

April 20, 2005
OPINION 05-0142

9 - Civil Service Commission
71-1-A –Municipalities City Parish
Charter
90 –A – Political Subdivisions –
Officers, Agent, Employees

The City of New Iberia may place reasonable limitations on the period of time within which earned vacation days must be used and the amount that can be carried over.
Mr. Dean Wattigny, Chairman
Municipal Government Employees
Civil Service
300 Parkview Dr.
New Iberia, LA 70563

Dear Mr. Wattigny:

This office is in receipt of your request for an opinion of the Attorney General in regard to the annual and sick leave policy of the City of New Iberia Municipal Civil Service Board.

You indicate the City of New Iberia is governed by a charter and the situation in question rises out of an administrative denial of an employee’s request for annual leave.

You relate that your civil service rules provide for annual leave as follows:

L. Annual leave is not cumulated from calendar year to calendar year, however, 5 days of unused annual leave may be carried forward to the succeeding year.

M. Any unused annual leave in excess of that which can be carried forward shall be credited to the employee’s sick leave balance.

In this matter you state that the employee asserts that he is forced to convert annual leave to sick leave, and maintains that annual leave is a property right, making the present rule unconstitutional.

Page 2

Mr. Dean Wattigny
OPINION 05-0142
Page 2

However, members of your board note that Wyatt vs. Avoyelles Parish School Board, 831 So. 2d 906 (La. 2002), and opinions of this office appear to allow the governing authority to make such rules as long as the rules conform to the requirements imposed by the Louisiana Constitution. In the Wyatt case the Louisiana Supreme Court determined that a School Board could have a “use it or lose it” vacation policy.”

Accordingly, you ask whether the City of New Iberia can limit the amount of unused annual leave to carry forward, and whether the City can convert excess annual leave to sick leave without the employee’s consent.

The issue in New Orleans Firefighters Local 632 v. New Orleans, 788 So. 2d 1166 (La. 2001) involved the city civil service commission rule that restricted the number of vacation days firefighters could carry forward from year to year. The firefighters contended that the limitations of the accumulation of annual leave days violated R.S. 33:1996 which provides for entitlement to a specified number of annual vacation days and mandates that “vacation privileges” shall not be forfeited for any cause.

The court found that “vacation privileges” means that a fireman cannot be denied the right to earn and use the statutory amount of vacation days earned each year, and a fireman separated from employment in a given year must be paid for the vacation benefits for services already rendered.

The court further stated that the Rule, while allowing earned vacation days to be carried forward to a succeeding year, simply places a reasonable limitation on the period of time within which earned vacation days must be used, and it was concluded, “A ceiling on the number of vacation days a fireman may carry forward is not, in itself, a forfeiture of earned vacation days, unless the fireman was denied the opportunity to use those earned vacation days.”

Moreover, as you note in Wyatt v. Avoyelles Parish School Board, 831 So. 2d 906 (La. 2002, the Louisiana Supreme Court ruled, “Thus, the Board’s ‘use it or lose it policy’ * * * is a lawful employment policy”, having observed that its annual leave policy simply disallows accumulation of unused annual leave such that the loss of any unused annual leave on a yearly basis is due to the employee’s conscious failure to timely utilize his annual leave. Emphasis added.

It appears under the provisions in question there was no denial of annual leave but, as stated hereinabove, simply placing reasonable limitations on the period of time within which earned vacation days must be used and the amount that can be carried over.

Page 3

Mr. Dean Wattigny
OPINION 05-0142
Page 3

We hope this sufficiently answers your inquiry, but if we can be of further assistance, do not hesitate to contact us.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERNAL

BY:________
BARBARA B. RUTLEDGE
Assistant Attorney General

CCF.,JR./bbr

Page 4

Mr. Dean Wattigny
OPINION 05-0142
Page 4

OPINION 05-0142

9 – Civil Service Commission
71-1-A - Municipalities City Parish
Charter
90-A – Political Subdivisions –
Officers, Agents, Employees

The City of New Iberia may place reasonable limitations on the period of time within which earned vacation days must be used and the amount that can be carried over.

Mr. Dean Wattigny, Chairman
Municipal Government Employees
Civil Service
300 Parkview Dr.
New Iberia, LA 7-563

Date Received:
Date Released: April 20, 2005

BARBARA B. RUTLEDGE
ASSISTANT ATTORNEY GENERAL