Life Saving Leave Act
Bill: H.R.7770 | Sponsor: Rep. Phillips, Dean (D-MN)
Policy area: Labor and Employment

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.

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Life Saving Leave Act''.

SEC. 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)) is amended--
            (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)) is amended by adding 
at the end the following:
                    ``(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)) 
is amended by inserting after the third sentence the following: 
``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)) is amended by adding at the end the following:
                    ``(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)) is 
amended by adding at the end the following:
            ``(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) is 
amended by adding at the end the following:
    ``(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.''.
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