HF 632

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to employment; requiring paid leave for organ 
  1.3             donation; requiring a report; amending Minnesota 
  1.4             Statutes 2000, section 181.945. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2000, section 181.945, is 
  1.7   amended to read: 
  1.8      181.945 [LEAVE FOR BONE MARROW DONATIONS AND ORGAN 
  1.9   DONATION.] 
  1.10     Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
  1.11  section, the following terms have the meanings given to them in 
  1.12  this subdivision. 
  1.13     (b) "Employee" means a person who performs services for 
  1.14  hire for an employer, for an average of 20 or more hours per 
  1.15  week, and includes all individuals employed at any site owned or 
  1.16  operated by an employer.  Employee does not include an 
  1.17  independent contractor. 
  1.18     (c) "Employer" means a person or entity that employs 20 or 
  1.19  more employees at at least one site and includes an individual, 
  1.20  corporation, partnership, association, nonprofit organization, 
  1.21  group of persons, state, county, town, city, school district, or 
  1.22  other governmental subdivision. 
  1.23     Subd. 2.  [LEAVE.] An employer must grant paid leaves of 
  1.24  absence to an employee who seeks to undergo a medical procedure 
  1.25  to donate bone marrow or to donate an organ or partial organ to 
  2.1   another person.  For purposes of organ or partial organ 
  2.2   donation, this section applies only to the state and political 
  2.3   subdivisions as defined in section 6.56, subdivision 1.  The 
  2.4   combined length of the leaves shall be determined by the 
  2.5   employee, but may not exceed 40 work hours for each donation, 
  2.6   unless agreed to by the employer.  The employer may require 
  2.7   verification by a physician of the purpose and length of each 
  2.8   leave requested by the employee to donate bone marrow or for 
  2.9   organ donation.  If there is a medical determination that the 
  2.10  employee does not qualify as a bone marrow or organ donor, the 
  2.11  paid leave of absence granted to the employee prior to that 
  2.12  medical determination is not forfeited. 
  2.13     Subd. 3.  [NO EMPLOYER SANCTIONS.] An employer shall not 
  2.14  retaliate against an employee for requesting or obtaining a 
  2.15  leave of absence as provided by this section. 
  2.16     Subd. 4.  [RELATIONSHIP TO OTHER LEAVE.] This section does 
  2.17  not prevent an employer from providing leave for bone marrow or 
  2.18  organ donations in addition to leave allowed under this 
  2.19  section.  This section does not affect an employee's rights with 
  2.20  respect to any other employment benefit. 
  2.21     Sec. 2.  [REPORT.] 
  2.22     The commissioner of employee relations must report to the 
  2.23  legislature on the use and costs of the leave under section 1.  
  2.24  The report must be made by February 15, 2003, and every two 
  2.25  years thereafter.