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.
History: 2006 c 220 s 1