LEAVE FOR BONE MARROW DONATIONS (Minn. Stat. § 181.945)

Employee Eligibility: "Employee" means a person who performs services for hire for an employer, for an average of 20 or more hours per week, and includes all individuals employed at any site owned or operated by an employer. Employee does not include an independent contractor.

Covered employers: A person or entity that employs 20 or more employees at one or more sites, not limited to sites within the state of Minnesota.

Entitlement: An employer must 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 40 work hours, unless agreed to by the employer.

Paid?: Yes. Note that employees may also be able to use paid sick leave for bone marrow donation under applicable local law in Duluth, Minneapolis, and St. Paul.

Reinstatement: An employer shall not retaliate against an employee for requesting or obtaining a leave of absence as provided by this section.

Obligation to Provide Certifications or Documents Supporting Need for Leave: The employer may require verification by a physician of the purpose and length of each leave requested by the employee to donate bone marrow.

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.

Relationship with Other Leave: This section does not prevent an employer from providing leave for bone marrow 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.

Absence Specifications