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.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7770 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7770
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 13, 2022
Mr. Phillips introduced the following bill; which was referred to the
Committee on Education and Labor, and in addition to the Committees on
Oversight and Reform, and House Administration, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
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.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and Labor, and in addition to the Committees on Oversight and Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committees on Oversight and Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committees on Oversight and Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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