[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3685 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 3685
To amend the Family and Medical Leave Act of 1993 to permit leave for
bone marrow or blood stem cell donation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2024
Mr. Casey (for himself and Mr. Cassidy) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Family and Medical Leave Act of 1993 to permit 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 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 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.--Subject to
subsection (d)(3), during any 12-month period,
an eligible employee shall be entitled to a
combined total of 12 workweeks of leave under
this paragraph and paragraph (1). Nothing in
this paragraph shall be construed to limit the
availability of leave under paragraph (1)
during any other 12-month period.''.
(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, subject to the approval of the
treatment provider of the activities, make a reasonable
effort to schedule the treatment so as not to disrupt
unduly the operations of the employer; 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 established under section 379 of the Public
Health Service Act (42 U.S.C. 274k).''.
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