HF 3217

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to employment; providing paid organ donation leave for certain public
employees; proposing coding for new law in Minnesota Statutes, chapter 181.

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

Section 1.

new text begin [181.9456] LEAVE FOR ORGAN DONATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

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

new text begin (c) "Employer" means a state, county, city, town, school district, or other
governmental subdivision that employs 20 or more employees.
new text end

new text begin Subd. 2. new text end

new text begin Leave. new text end

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

new text begin Subd. 3. new text end

new text begin No employer sanctions. new text end

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

new text begin Subd. 4. new text end

new text begin Relationship to other leave. new text end

new text begin This section does not prevent an employer
from providing leave for organ 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 end