AB 752

Current law requires employers to provide family and medical leave to their

employees. This bill requires employers to also provide leave to their employees for

the purpose of donating bone marrow or an organ.

Under current law, an employer, including the state, employing at least 50

individuals on a permanent basis in this state (employer) must permit an employee

who has been employed by the employer for more than 52 consecutive weeks and who

has worked for the employer for at least 1,000 hours during the preceding 52-week

period (employee) to take up to eight weeks of family leave in a 12-month period and

up to two weeks of medical leave in a 12-month period. Family leave may be taken

for the birth or adoptive placement of a new child or to care for a child, spouse,

domestic partner, or parent who has a serious health condition. Medical leave may

be taken when the employee has a serious health condition that makes the employee

unable to perform the employee's employment duties.

An employee is not entitled to receive wages or salary while taking family or

medical leave, but may substitute, for portions of family or medical leave, other types

of paid or unpaid leave provided by the employer. When an employee returns from

family or medical leave, his or her employer must immediately place the employee

in the same or an equivalent employment position and may not reduce or deny an

employment benefit that accrued to the employee before his or her leave began. An

employee who intends to take family or medical leave for the birth or adoptive

placement of a child or for planned medical treatment must give the employer

advance notice of the birth or adoptive placement or planned medical treatment. In

addition, for planned medical treatment, the employee must make a reasonable

effort to schedule the medical treatment or supervision so that it does not unduly

disrupt the operations of the employer, subject to the approval of the health care

provider of the person receiving the medical treatment. Also, if an employee requests

family or medical leave due to a serious health condition of the employee or of a child,

spouse, domestic partner, or parent, the employer may require certification of that

condition from a health care provider or a Christian Science practitioner.

An employee who believes his or her employer has violated the provisions of the

family and medical leave law may file a complaint with the Department of Workforce

Development (DWD) alleging the violation. If DWD finds that an employer has

violated the law, DWD may order the employer to take action to remedy the violation,

including providing the requested family leave or medical leave, reinstating an

employee, providing back pay, and paying reasonable actual attorney fees to the

complainant. An employee or DWD may also bring an action in circuit court against

an employer to recover damages concerning the same violation.

This bill allows an employee to take no more than six weeks of leave in a

12-month period for the purpose of serving as a bone marrow or organ donor if the

employee provides the employer with written verification that the employee is to