Minnesota Leave for Organ Donation (Minn. Stat. § 181.9456)

Covered Employers: Employer means a state, county, city, town, school district, or other governmental subdivision that employs 20 or more employees.

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

Entitlement: An employer must grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate an organ or partial organ to another person. The combined length of the leaves shall be determined by the employee, but may not exceed 40 work hours for each donation, unless agreed to by the employer.

Employer Notice: Not specified.

Employee Notice: Not specified.

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 for organ donation.

Paid?: Yes. Note that employees may also be able to use paid sick leave for organ donation under applicable local law in Duluth, Minneapolis, and St. Paul (but all exclude from coverage government entities other than the city or its agencies).

Benefits: Not specified.

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

Other Important Definitions/Requirements: If there is a medical determination that the employee does not qualify as an organ 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 organ 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.

ClaimVantage Absence Specification