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WYATT v. AVOYELLES PARISH SCHOOL BD.

Nos. 2001-C-3180, 2002-C-0131, 2002-C-0259.

831 So.2d 906 (2002)

John H. WYATT v. AVOYELLES PARISH SCHOOL BOARD. Lorraine Seiss v. Avoyelles Parish School Board. Peter Marcotte, Keith A. Morrow, James K. Best, Wilbert Carmouche, Drusilla Goody, Albin M. Lemoine, Jr., Richard Mayeaux and Susan B. Roy v. Avoyelles Parish School Board.

Supreme Court of Louisiana.

December 4, 2002.

Attorney(s) appearing for the Case

Eddie Knoll, District Attorney, David E. Lafargue, Asst. District Attorney, Counsel for Applicants.

James I. Funderburk, Abbeville (Nos. 2001-C-0131, 2001-C-0259), Brian D. Cespiva, Alexandria (2001-C-3180), Counsel for Respondent.

KIMBALL, J.*

We granted certiorari in these consolidated cases to determine whether a "use it or lose it" vacation policy is proscribed by La. R.S. 23:631 or La. R.S. 23:634. For the reasons that follow, we conclude that such a policy is not illegal. However, we conclude that an employer is required to compensate an employee upon his retirement for unused annual leave that accrues under the terms of the employer's "use it or lose it" policy...

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