Leave from employment for the purpose of serving as a bone marrow or organ donor and providing a penalty. (FE)

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 serve as a bone marrow or organ donor (bone marrow and organ donation leave).

Bone marrow and organ donation leave may only be taken, however, for the period necessary for the employee to undergo the donation procedure and to recover from that procedure. If an employee requests bone marrow and organ donation leave, the employer may require the employee to provide certification issued by the health care provider of the donee that: 1) the donee has a serious health condition that necessitates a bone marrow or organ transplant; and 2) the employee is eligible and has agreed to serve as a bone marrow or organ donor for the donee.

Under the bill, bone marrow and organ donation leave is subject to most of the same provisions that apply to family and medical leave, including those requiring employers to place an employee in the same or an equivalent position upon return from leave, and provisions for administrative proceedings and civil actions for alleged violations. As with family and medical leave, an employee is not entitled to receive wages or salary while taking bone marrow or organ donation leave, but may substitute, for portions of that leave, other types of paid or unpaid leave provided by the employer. An employee who intends to take bone marrow or organ donation leave must give the employer advance notice of the bone marrow or organ donation and must make a reasonable effort to schedule the donation so that the donation does not unduly disrupt the operations of the employer, subject to the approval of the health care provider of the bone marrow or organ donee.

Finally, current law allows employees in the state civil service system to receive a leave of absence to serve as bone marrow or organ donors. The bill does not apply to those employees.