10.4.1 General Principles

If severe and long-lasting enough, your client’s health issues might eventually be found disabling by the Social Security Administration. However, many health issues are temporary, and many employers have little tolerance for if a worker’s illness might impact their business. A client might need help to preserve or regain a job, and an employer might respond to your reaching out to explain some illegality. You might need to help your client pursue other remedies or refer them elsewhere. There is no generally applicable state law providing the average at-will employee with paid sick or personal leave. However, even a client with no rights under contract may be in a particular occupation with special statutory rights.1  Employer policies and customs may also provide an employee with enforceable rights. Finally, employees seeking leave because of their own health problems may be able to secure additional leave as an accommodation under the Americans with Disabilities Act (ADA) or other legislation.

• 1See, e.g., La. R.S. 17:46, et seq.; La. R.S. 17:411, et seq. (certain teachers).