Leave for Employees to Donate Bone Marrow or an Organ

Wisconsin employers with 50 or more employees are required to provide up to six weeks of leave for employees who choose to donate their bone marrow or an organ under the Bone Marrow and Organ Donation Leave Act. The law counts employees nationwide, meaning the leave requirement covers, for example, employers with one employee in Wisconsin and 49 employees in another state. However, only the employee working in Wisconsin is eligible for the leave. Wisconsin employees are eligible for the leave after they have worked for the employer for 52 consecutive weeks and at least 1000 hours over that 52-week period. Employees are not entitled to pay during the leave but no changes may be made to an employee’s insurance or other benefits. Employees who use the leave are generally entitled to their position when they return to work.

While the six-week leave requirement only applies to Wisconsin employers with 50 or more employees, all employers with 25 or more employees must post a notice stating the employer’s policy on bone marrow and organ donation leave. This means that employers with 25-49 employees must post their policy on bone marrow and organ donor leave, even if the policy states that no leave is provided or that employees should reach out to HR to discuss their leave options. Employers with 50 or more employees must also post the Department of Workforce Development’s poster.

The notice and poster must be posted with other employment law posters, such as an intranet site or a bulletin board in a break room. We also recommend employers include their bone marrow and organ donation leave policy in their employee handbook.

Organizations with employees outside of Wisconsin should also note that each state has its own mandatory leave laws, many of which apply to all employees working – remotely or at an employer worksite – in that state.

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