Because of the nature of AG Opinions and the fact that different Attorney Generals hold the office over time, it is generally wise to rely on the more recent opinions rather than older ones.
In this case, AG Op. No. 00-470 was affirmed in AG Op. No. 07-239. Therefore, it does not appear to have been recalled.
Looking at both AG Op. Nos. 00-470 and 03-248, while they both involve annual leave, they are distinguishable.
AG Op. No. 00-470 states that a public employee may not receive both his vacation pay and regular pay for the same period of time; that is, when an employee is on vacation, his status for payroll purposes is annual leave with pay; if he is at work, he is paid for services rendered. The employee cannot be classified both ways during the same period of time.
On the other hand, AG Op. No. 03-248 involves public entities “buying back” accrued and vested annual leave prior to separation from employment. The AG opines that such a practice is acceptable if it is pursuant to a formally adopted policy. Therefore, the two opinions do not appear to be in conflict.
Louisiana Legislative Auditor website: 05/24/2025 12:45:42 AM
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