HF 2070

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/09/2021 11:44am

A bill for an act
relating to health; granting paid or unpaid leave for organ donation or partial organ
donation; amending Minnesota Statutes 2020, section 181.945.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 181.945, is amended to read:

181.945 LEAVE FOR BONE MARROW new text begin OR ORGAN new text end DONATIONS.

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms have
the meanings given to them in this subdivision.

(b) "Employee" means a person who performs services for hire for an employer, for an
average of 20 or more hours per week, and includes all individuals employed at any site
owned or operated by an employer. Employee does not include an independent contractor.

(c) "Employer" means a person or entity that employs 20 or more employees at at least
one site and includes an individual, corporation, partnership, association, nonprofit
organization, group of persons, state, county, town, city, school district, or other governmental
subdivision.

Subd. 2.

new text begin Paid new text end leave.

An employer must grant paid leaves of absence to an employee
who seeks to undergo a medical procedure to donate bone marrow new text begin or to donate an organ or
partial organ to another person new text end . The combined length of the leaves shall be determined by
the employee, but may not exceed 40 work hours, unless agreed to by the employer. The
employer may require verification by a physician of the purpose and length of each leave
requested by the employee deleted text begin to donate deleted text end new text begin for new text end bone marrow new text begin or organ donation new text end . If there is a medical
determination that the employee does not qualify as a bone marrow new text begin or organ new text end donor, the paid
leave of absence granted to the employee prior to that medical determination is not forfeited.

new text begin Subd. 2a. new text end

new text begin Unpaid leave; organ donation. new text end

new text begin An employer must grant unpaid leaves of
absence to an employee who seeks to undergo a medical procedure to donate an organ or
partial organ to another person. The total length of leave under this subdivision and
subdivision 2 shall be determined by the employee, but must not exceed 12 weeks, unless
agreed to by the employer.
new text end

Subd. 3.

No employer sanctions.

An employer shall not retaliate against an employee
for requesting or obtaining a leave of absence as provided by this section.

Subd. 4.

Relationship to other leave.

This section does not prevent an employer from
providing leave for bone marrow new text begin or organ new text end donations in addition to leave allowed under this
section. This section does not affect an employee's rights with respect to any other
employment benefit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end