1.1                          A bill for an act 
  1.2             relating to employment; requiring paid leave for organ 
  1.3             donation; amending Minnesota Statutes 2000, section 
  1.4             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; BONE MARROW DONATIONS.] An employer must 
  1.24  grant paid leaves of absence to an employee who seeks to undergo 
  1.25  a medical procedure to donate bone marrow.  The combined length 
  2.1   of the leaves shall be determined by the employee, but may not 
  2.2   exceed 40 work hours, unless agreed to by the employer.  The 
  2.3   employer may require verification by a physician of the purpose 
  2.4   and length of each leave requested by the employee to donate 
  2.5   bone marrow.  If there is a medical determination that the 
  2.6   employee does not qualify as a bone marrow donor, the paid leave 
  2.7   of absence granted to the employee prior to that medical 
  2.8   determination is not forfeited. 
  2.9      Subd. 2a.  [LEAVE; ORGAN DONATION.] An employer must grant 
  2.10  a paid leave of absence to an employee who seeks to undergo a 
  2.11  medical procedure to donate an organ or partial organ to another 
  2.12  person.  The length of the leave shall be determined by the 
  2.13  employee, but may not exceed 30 working days unless agreed to by 
  2.14  the employer.  The employer may require verification by a 
  2.15  physician of the purpose and length of the leave required by the 
  2.16  employee for organ donation.  If there is a medical 
  2.17  determination that the employee does not qualify as an organ 
  2.18  donor, the paid leave of absence granted to the employee prior 
  2.19  to that medical determination is not forfeited. 
  2.20     Subd. 3.  [NO EMPLOYER SANCTIONS.] An employer shall not 
  2.21  retaliate against an employee for requesting or obtaining a 
  2.22  leave of absence as provided by this section. 
  2.23     Subd. 4.  [RELATIONSHIP TO OTHER LEAVE.] This section does 
  2.24  not prevent an employer from providing leave for bone marrow or 
  2.25  organ donations in addition to leave allowed under this 
  2.26  section.  This section does not affect an employee's rights with 
  2.27  respect to any other employment benefit.