Life Saving Leave Act

To amend the Family and Medical Leave Act of 1993 to permit additional leave for bone marrow or blood stem cell donation, and for other purposes. 1. Short title This Act may be cited as the Life Saving Leave Act 2. Entitlement to additional leave for bone marrow or blood stem cell donation (a) In general Section 102(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a) (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following: (5) Entitlement to additional leave for bone marrow or blood stem cell donation (A) In general Subject to subparagraph (B) and section 103(g), an eligible employee shall be entitled to leave under this paragraph— (i) for predonation activities relating to the making of a donation of bone marrow or blood stem cells for transplant; (ii) for the making of such donation; and (iii) for postdonation activities relating to the making of such donation. (B) Limitations (i) In general An eligible employee shall be entitled to a total of 40 hours of leave under this paragraph during any 12-month period. (ii) Coordination rule Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection. . (b) Definition of eligible employee Section 101(2) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(2) (F) Employees requesting bone marrow or blood stem cell leave The requirements of subparagraphs (A) and (B)(ii) shall not apply with respect to leave under section 102(a)(5). . (c) Schedule Section 102(b)(1) of such Act ( 29 U.S.C. 2612(b)(1) Subject to subsection (e)(4) and section 103(g), leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule. (d) Substitution of paid leave Section 102(d)(2) of such Act ( 29 U.S.C. 2612(d)(2) (C) Bone marrow or blood stem cell donation leave An eligible employee may elect, but an employer may not require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for leave provided under subsection (a)(5) for any part of the 40 hours of such leave under such subsection, except that nothing in this title shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave. . (e) Notice Section 102(e) of such Act ( 29 U.S.C. 2612(e) (4) Notice relating to bone marrow or blood stem cell donation leave In any case in which the necessity for leave under subsection (a)(5) is foreseeable based on planned predonation, donation, or postdonation activities, the employee— (A) shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the relevant health care provider; and (B) shall provide the employer with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subparagraph, except that if the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable. . (f) Certification Section 103 of such Act ( 29 U.S.C. 2613 (g) Certification relating to bone marrow or blood stem cell donation leave An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued by a contractor of the registry functions of the C.W. Bill Young Cell Transplantation Program. .

Summary: Life Saving Leave Act This bill expands employee medical leave to provide additional time for bone marrow or blood stem cell donations. Specifically, the bill expands leave under the Family and Medical Leave Act of 1993 (FMLA) to provide up to 40 hours of leave every 12 months for related predonation, donation, and postdonation activities. Under the bill, leave may be taken intermittently or on a reduced leave schedule. An employee has the option to substitute accrued paid vacation, personal, or sick leave for the unpaid FMLA time. The bill requires an employee to make a reasonable effort to schedule treatments for when the treatment would not unduly disrupt the employer's activities. Eligible employees may use this leave regardless of the employee's length of employment or the size of the employer.