Louisiana Bone Marrow
Louisiana Bone Marrow Donor Leave (La. Rev. Stat. § 40:1263.4)
Covered Employers: Employers with 20 or more employees at at least one site
Employee Eligibility: Employees who work an average of 20 hours per week or more
Entitlement: An employer shall grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. The combined length of the leaves shall be determined by the employee, but may not exceed forty work hours, unless agreed to by the employer.
Obligation to Provide Certifications or Documents Supporting Need for Leave: Employees can be required to provide verification from a doctor of the purpose and length of each absence the employee requests to donate bone marrow.
Paid: Yes.
Benefits: Benefits continue.
Reinstatement: An employer shall not retaliate against an employee for requesting or obtaining a leave of absence as provided by this Section.
Relationship with Other Leave: May run concurrently with the federal Family and Medical Leave Act.
Other Important Definitions/Requirements: If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited.
Absence Specification
Concurrency |
May run concurrently with Federal FMLA |
Intake Trigger |
Bone Marrow Donation |
Employer Eligibility |
20+ employees at at least one site |
Employee Eligibility |
20 hours worked per week |
Length of time provided |
40 hours per donation |
Calendar Type |
Not specified |
Notes: |
The employee does not have to actually donate bone marrow. They simply have to "seek to" donate bone marrow. If they don't qualify as a bone marrow donor, any paid leave of absence they were granted is not forfeited. |