Minnesota Legislature
SF 2110
as introduced - 90th Legislature (2017 - 2018) Posted on 03/15/2017 08:37am
Current Version - as introduced
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A bill for an act
relating to health; extending paid leave benefits to living organ donors; amending
Minnesota Statutes 2016, section 181.945, subdivisions 2, 4; repealing Minnesota
Statutes 2016, section 181.9456.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 181.945, subdivision 2, is amended to read:
Subd. 2.
Leave.
An employer must grant paid leaves of absence to an employee who
seeks to undergo a medical procedure to donate bone marrownew text begin or to donate an organ or partial
organ to another personnew 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 donatedeleted text end new text begin for organ or new text end bone marrownew text begin donationnew 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.
Sec. 2.
Minnesota Statutes 2016, section 181.945, subdivision 4, is amended to read:
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
Sec. 3. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2016, section 181.9456,
new text end
new text begin
is repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 17-1838
181.9456 LEAVE FOR ORGAN DONATION.
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 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.
(c) "Employer" means a state, county, city, town, school district, or other governmental subdivision that employs 20 or more employees.
Subd. 2.
Leave.
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.
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 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.