Wisconsin Bone Marrow and Organ Donation

Wisconsin Bone Marrow and Organ Donation leave 103.11

Employer Eligibility: Only employers regulated under the Wisconsin Family and Medical leave Act (at least 50 permanent employees)

Employee Eligibility: Employees who have worked 1,000 hours and been employed for the previous 52 weeks and employed in the State of Wisconsin t

Length of entitlement: 6 weeks of leave in a one year period to donate organs and bone marrow. This bill provides job protections to organ donors for kidneys, partial livers, partial lungs, partial pancreas, partial intestine, and bone marrow.

Documentation required: Employers may require employees to submit supporting documentation that the donee has a serious health condition that necessitates bone marrow or organ transplant, the employee is eligible and has agreed to serve as a donor, the amount of time expected to be necessary for the employee to recover.

Employee Notice: If an employee intends to take leave, the employee must make a reasonable effort to schedule the donation procedure so that it does not unduly disrupt the employer's operations subject to the approval of the health care provider, and must give the employer advance notice of the bone marrow or organ donation procedure so it does not unduly disrupt the employer's operations.

Employer Notice: All employers who have 25 or more employees must post a notice which states the employer's policies for bone marrow and organ donation leave and employers with 50 or more employees must also post, in one ore more conspicuous places, a poster developed by the Workforce Development Department, which states the employees' rights under the law. The penalty for violation is $100 for each offense.

Reinstatement to position: Employee is entitled to be reinstated to their position or an equivalent position.

Paid: Leave is unpaid but employees may elect (but cannot be required) to substitute any paid leaves available to them.

ClaimVantage Absence Specification

Employer Eligibility Requirements

  • 50 Employees

Employee Eligibility Requirements

  • 52 consecutive weeks of service

  • 1000 hours worked

  • Employed in the state of Wisconsin

Amount of Leave Provided

  • 6 weeks

Intake Trigger

  • Organ Donation

  • Bone Marrow Donation

Calendar Type

  • Not specified

Concurrency with other leave

  • May run concurrently with Federal FMLA

  • The total time for both bone and organ donation does not exceed 6 weeks per year