SECTION 1. Title 36 of the General Laws entitled "PUBLIC OFFICERS AND EMPLOYEES" is hereby amended by adding thereto the following chapter: 36-17-1. Short title. This chapter shall be known and may be cited as the "Organ-Donation Leave Act." 36-17-2. Organ-donation leave.
(a) Eligibility. A state employee who is currently working and has successfully completed an initial probationary period during the current employment period and worked at least one thousand two hundred fifty (1,250) hours during the previous twelve (12) months shall be eligible for paid leave as provided in this section to donate a kidney, a liver segment, or bone marrow, and medically recover. An eligible employee may take organ-donation leave no more than once in any twelve (12) month period.
(b) Duration. Any organ-donation leave shall begin on the date of donation and end on the earliest of:
(1) Sixty (60) calendar days after a kidney or liver segment donation;
(2) Thirty (30) calendar days after a bone marrow donation;
(3) The date that absence to recover from the donation is no longer supported by documentation from the employee's medical provider as medically necessary;
(4) The date of the employee's seasonal layoff, limited term appointment's expiration, layoff after position abolishment, or separation from state service; or
(5) The date the employee returns to work.
(c) Notice. Before beginning an organ-donation leave, the employee should give as much notice as practicable of the expected start and end date for the leave. Notice should be provided at least thirty (30) days before the leave's expected start.
(d) Pay. An eligible full-time employee on organ-donation leave shall receive base pay during the leave. An eligible less-than-full-time employee on an organ-donation leave, for each week during the leave, shall receive base pay for the average number of hours scheduled each week over the last six (6) pay periods before the leave, distributed equally Monday through Friday. Hours shall be entered in payroll as administrative leave.
(e) Holidays. Paid holidays observed during a leave shall be recorded as paid holidays and do not extend an organ-donation leave.
(f) Leave and accruals. An employee need not exhaust sick and annual leave before taking organ-donation leave. An employee shall accrue sick and annual leave during the leave. An eligible employee shall not use any other paid leave during any organ donation leave. Time on organ- donation leave shall count toward step increases if an employee is in satisfactory standing.
(g) In the event the individual is participating as a bone marrow transplant donor or a living organ donor, benefits under this section shall cover time needed for any procedures, medical tests, and surgeries related to the donation.
(h) Coordination with other benefits. Time on organ-donation leave shall also count toward any Family and Medical Leave Act (FMLA) and unpaid medical leave entitlements.
SECTION 2. This act shall take effect upon passage.