Although it is not a common occurrence, on some occasions, an employee may pass away while employed and in between payroll periods, leaving the employer questioning how to address the employee’s final paycheck. Thankfully, Louisiana has a specific statute on point.

Pursuant to Louisiana Revised Statute 9:1515, “[an] employer may pay to the surviving spouse of a deceased employee any wages, sick leave, annual leave, or other benefits due to a deceased employee, provided neither spouse has instituted a divorce proceeding. In the event the deceased employee leaves no surviving spouse or if either spouse has instituted a divorce proceeding, the employer may pay the last wages and other benefits to any major child of the deceased employee.” La.R.S. 9:1515(A).

Procedural Requirements and Employer Protections

However, procedurally, “[b]efore making such payment to the person requesting same, the employer shall require such person to execute an instrument before two witnesses which shall give the name, address, date and place of death of the deceased employee, the relationship of the person requesting payment to said employee, the name and address of the surviving spouse, or children, if any, of said deceased employee and such other information as the employer may require.” La.R.S. 9:1515(B).

By statute, this “instrument” acts as a “receipt” for the payment and as a “full release and discharge of the employer for the amount paid.” La.R.S. 9:1515(D). And, importantly, “[n]o person . . . shall have any right or cause of action against such employer because of such payment.” Id.

The statute provides a streamlined process allowing employers to make final wage payments efficiently while minimizing legal risk during an already sensitive time. Employers can make this payment without any court proceedings, orders, or judgments and without the employer having to determine whether the funds are separate or community property. La.R.S. 9:1515(C). The text of the full statute can be viewed here: Louisiana Laws – Louisiana State Legislature.

Ed Hardin, Jr.  is a partner in Kean Miller’s Labor & Employment practice, based in the firm’s Baton Rouge office. He advises and represents businesses, institutions, and nonprofits across a broad spectrum of employment matters, offering practical, strategic guidance on day-to-day workplace issues and complex disputes alike. Ed regularly litigates employment claims in state and federal courts, as well as before private arbitrators, bringing a results-driven approach to every stage of the process.