An issue that Louisiana employers face daily is the payment of an employee's final paycheck after separation of employment. Employers must pay an employee any wage owed no later than three calendar days from the time of an involuntary separation of employment. Employees who voluntarily separate from employment must be paid no later than the next regular payday or 15 days from separation, whichever is sooner. An employer must also pay any vacation earned by the employee in accordance with the employer's vacation policy. Once earned, an employee's vacation pay cannot be forfeited on the final paycheck.
Employers actually have discretion as to how the final paycheck is to be issued.
An employer can send the check to the employee's address as shown in the employer's records. If postmarked within the legal time period, the payment is timely even if the check is received later. Alternatively, an employer can have the final check available to be picked up, within the time period, at the place where payment was customarily made to the employee. The employer owes no legal obligation to tell the employee the check is available to be picked up. Employers should be cautioned that sanctions might be imposed if the legal deadlines to pay an employee their final paycheck are not met.