Most employers operating in Louisiana must comply with new paid leave requirements for employees who provide organ or bone marrow donations, under a law that went into effect August 1. Louisiana’s Living Donor Paid Leave Protection Act creates new leave protections, but it does not repeal or amend Louisiana’s existing bone-marrow donor statute enacted in 1992. This Insight will cover the overlapping leave laws and how you can stay in compliance with both. Here’s everything you need to know and four steps to help you stay ahead.
Background on Existing Law
Louisiana’s current Bone Marrow Law of 1992 remains in effect despite the new Living Donor Paid Leave Protection Act. The 1992 law generally requires an employer to provide paid leave for an employee undergoing a medical procedure to donate bone marrow when:
Eligible employees may receive up to 40 work hours, unless the employer agrees to more. Employers may require a physician’s verification of the requested leave’s purpose and length. Paid leave already taken is not forfeited if the employee is later found medically ineligible to donate. The statute also bars retaliation for requesting or taking leave and preserves the employee’s other benefits.
New Requirements
Both state and private employers in Louisiana are covered by the new Living Donor Paid Leave Protection...
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