S3685-118

1. Short title This Act may be cited as the Life Saving Leave Act.

2. Entitlement to leave for bone marrow or blood stem cell donation Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended— by redesignating paragraph (5) as paragraph (6); and by inserting after paragraph (4) the following: Subject to subparagraph (B) and section 103(g), an eligible employee shall be entitled to leave under this paragraph— for predonation activities relating to the making of a donation of bone marrow or blood stem cells for transplant; for the making of such donation; and for postdonation activities relating to the making of such donation. An eligible employee shall be entitled to a total of 40 hours of leave under this paragraph during any 12-month period. 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. 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: The requirements of subparagraphs (A) and (B)(ii) shall not apply with respect to leave under section 102(a)(5). 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.. Section 102(d)(2) of such Act (29 U.S.C. 2612(d)(2)) is amended by adding at the end the following: 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. Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following: 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— 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 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. Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: 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). (5)Entitlement to leave for bone marrow or blood stem cell donation(A)In generalSubject 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 generalAn eligible employee shall be entitled to a total of 40 hours of leave under this paragraph during any 12-month period.(ii)Coordination ruleSubject 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.. (F)Employees requesting bone marrow or blood stem cell leaveThe requirements of subparagraphs (A) and (B)(ii) shall not apply with respect to leave under section 102(a)(5).. (C)Bone marrow or blood stem cell donation leaveAn 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.. (4)Notice relating to bone marrow or blood stem cell donation leaveIn 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.. (g)Certification relating to bone marrow or blood stem cell donation leaveAn 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)..