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LRB-2376/1
MED&KRP:emw
2015 - 2016 LEGISLATURE
January 7, 2016 - Introduced by Senators Darling, Bewley, Lasee, Wanggaard,
Ringhand, Vinehout, Olsen, C. Larson and Lassa, cosponsored by
Representatives Mason, Kooyenga, Jacque, Steffen, Horlacher, Ohnstad,
Subeck, J. Ott, Kolste, Riemer, Johnson, Jorgensen, Berceau and Ballweg.
Referred to Committee on Economic Development and Commerce.
SB517,1,4 1An Act to amend 111.322 (2m) (a), 111.322 (2m) (b) and 632.897 (6); and to
2create
103.11 and 893.965 of the statutes; relating to: leave from employment
3for the purpose of serving as a bone marrow or organ donor and providing a
4penalty.
Analysis by the Legislative Reference Bureau
Current law requires employers to provide family and medical leave to their
employees. This bill requires employers to also provide leave to their employees for
the purpose of donating bone marrow or an organ.
Under current law, an employer, including the state, employing at least 50
individuals on a permanent basis in this state (employer) must permit an employee
who has been employed by the employer for more than 52 consecutive weeks and who
has worked for the employer for at least 1,000 hours during the preceding 52-week
period (employee) to take up to eight weeks of family leave in a 12-month period and
up to two weeks of medical leave in a 12-month period. Family leave may be taken
for the birth or adoptive placement of a new child or to care for a child, spouse,
domestic partner, or parent who has a serious health condition. Medical leave may
be taken when the employee has a serious health condition that makes the employee
unable to perform the employee's employment duties.
An employee is not entitled to receive wages or salary while taking family or
medical leave, but may substitute, for portions of family or medical leave, other types
of paid or unpaid leave provided by the employer. When an employee returns from
family or medical leave, his or her employer must immediately place the employee

in the same or an equivalent employment position and may not reduce or deny an
employment benefit that accrued to the employee before his or her leave began. An
employee who intends to take family or medical leave for the birth or adoptive
placement of a child or for planned medical treatment must give the employer
advance notice of the birth or adoptive placement or planned medical treatment. In
addition, for planned medical treatment, the employee must make a reasonable
effort to schedule the medical treatment or supervision so that it does not unduly
disrupt the operations of the employer, subject to the approval of the health care
provider of the person receiving the medical treatment. Also, if an employee requests
family or medical leave due to a serious health condition of the employee or of a child,
spouse, domestic partner, or parent, the employer may require certification of that
condition from a health care provider or a Christian Science practitioner.
An employee who believes his or her employer has violated the provisions of the
family and medical leave law may file a complaint with the Department of Workforce
Development (DWD) alleging the violation. If DWD finds that an employer has
violated the law, DWD may order the employer to take action to remedy the violation,
including providing the requested family leave or medical leave, reinstating an
employee, providing back pay, and paying reasonable actual attorney fees to the
complainant. An employee or DWD may also bring an action in circuit court against
an employer to recover damages concerning the same violation.
This bill allows an employee to take no more than six weeks of leave in a
12-month period for the purpose of serving as a bone marrow or organ donor if the
employee provides the employer with written verification that the employee is to
serve as a bone marrow or organ donor (bone marrow and organ donation leave).
Bone marrow and organ donation leave may only be taken, however, for the period
necessary for the employee to undergo the donation procedure and to recover from
that procedure. If an employee requests bone marrow and organ donation leave, the
employer may require the employee to provide certification issued by the health care
provider of the donee that: 1) the donee has a serious health condition that
necessitates a bone marrow or organ transplant; and 2) the employee is eligible and
has agreed to serve as a bone marrow or organ donor for the donee.
Under the bill, bone marrow and organ donation leave is subject to most of the
same provisions that apply to family and medical leave, including those requiring
employers to place an employee in the same or an equivalent position upon return
from leave, and provisions for administrative proceedings and civil actions for
alleged violations. As with family and medical leave, an employee is not entitled to
receive wages or salary while taking bone marrow or organ donation leave, but may
substitute, for portions of that leave, other types of paid or unpaid leave provided by
the employer. An employee who intends to take bone marrow or organ donation leave
must give the employer advance notice of the bone marrow or organ donation and
must make a reasonable effort to schedule the donation so that the donation does not
unduly disrupt the operations of the employer, subject to the approval of the health
care provider of the bone marrow or organ donee.

Finally, current law allows employees in the state civil service system to receive
a leave of absence to serve as bone marrow or organ donors. The bill does not apply
to those employees.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB517,1 1Section 1. 103.11 of the statutes is created to read:
SB517,3,3 2103.11 Bone marrow and organ donation leave. (1) Definitions. In this
3section:
SB517,3,44 (a) "Bone marrow" has the meaning given in s. 146.34 (1) (a).
SB517,3,65 (b) Except as provided in subs. (2) (b) 1. and (15), "employee" means an
6individual employed in this state by an employer.
SB517,3,127 (c) Except as provided in sub. (2) (b) 2., "employer" means a person engaging
8in any activity, enterprise, or business in this state employing at least 50 individuals
9on a permanent basis. "Employer" includes the state and any office, department,
10independent agency, authority, institution, association, society, or other body in state
11government created or authorized to be created by the constitution or any law,
12including the legislature and the courts.
SB517,3,1313 (d) "Employment benefit" has the meaning given in s. 103.10 (1) (d).
SB517,3,1414 (e) "Health care provider" has the meaning given in s. 103.10 (1) (e).
SB517,3,1515 (f) "Organ" has the meaning given for "human organ" in s. 230.35 (2d) (a) 2.
SB517,3,1616 (g) "Serious health condition" has the meaning given in s. 103.10 (1) (g).
SB517,4,6 17(2) Statewide concern; uniformity. (a) The legislature finds that the provision
18of bone marrow donation leave and organ donation leave that is uniform throughout
19the state is a matter of statewide concern and that the enactment of an ordinance by

1a city, village, town, or county that requires employers to provide employees with
2leave from employment, paid or unpaid, for any of the reasons specified in par. (c)
3would be logically inconsistent with, would defeat the purpose of, and would go
4against the spirit of this section. Therefore, this section shall be construed as an
5enactment of statewide concern for the purpose of providing bone marrow donation
6leave and organ donation leave that is uniform throughout the state.
SB517,4,77 (b) In this subsection:
SB517,4,88 1. "Employee" has the meaning given in s. 104.01 (2) (a).
SB517,4,99 2. "Employer" has the meaning given in s. 104.01 (3) (a).
SB517,4,1410 (c) Subject to par. (d), a city, village, town, or county may not enact and
11administer an ordinance requiring an employer to provide an employee with leave
12from employment, paid or unpaid, because the employee's absence from work is
13necessary in order for the employee to donate his or her bone marrow or organ to
14another person.
SB517,4,1615 (d) This subsection does not affect an ordinance affecting leave from
16employment of an employee of a city, village, town, or county.
SB517,4,2017 (e) Any city, village, town, or county ordinance requiring an employer to provide
18an employee with leave from employment, paid or unpaid, for any of the reasons
19specified in par. (c) that is in effect on the effective date of this paragraph .... [LRB
20inserts date], is void.
SB517,4,23 21(3) Scope. (a) Nothing in this section prohibits an employer from providing
22employees with rights to bone marrow donation leave or organ donation leave that
23are more generous to the employees than the rights provided under this section.
SB517,5,3
1(b) This section only applies to an employee who has been employed by the same
2employer for more than 52 consecutive weeks and who worked for the employer for
3at least 1,000 hours during the preceding 52-week period.
SB517,5,11 4(4) Bone marrow and organ donation leave. An employee may take bone
5marrow and organ donation leave as provided in this subsection for the purpose of
6serving as a bone marrow or organ donor if the employee provides his or her employer
7with written verification that the employee is to serve as a bone marrow or organ
8donor. No more than 6 weeks of leave in a 12-month period may be taken under this
9subsection, and leave may be taken under this subsection only for the period
10necessary for the employee to undergo the bone marrow or organ donation procedure
11and to recover from the procedure.
SB517,5,14 12(5) Payment for and restrictions upon leave. (a) This section does not entitle
13an employee to receive wages or salary while taking bone marrow and organ
14donation leave.
SB517,5,1615 (b) An employee may substitute, for portions of bone marrow and organ
16donation leave, paid or unpaid leave of any other type provided by the employer.
SB517,5,18 17(6) Notice to employer. If an employee intends to take leave for the purpose
18of serving as a bone marrow or organ donor, the employee shall do all of the following:
SB517,5,2119 (a) Make a reasonable effort to schedule the bone marrow or organ donation
20procedure so that it does not unduly disrupt the employer's operations, subject to the
21approval of the health care provider of the bone marrow or organ donee.
SB517,5,2322 (b) Give the employer advance notice of the bone marrow or organ donation in
23a reasonable and practicable manner.
SB517,6,2 24(7) Certification. If an employee requests bone marrow and organ donation
25leave, the employer may require the employee to provide certification issued by the

1health care provider of the bone marrow or organ donee or of the employee, whichever
2is appropriate, of any of the following:
SB517,6,43 (a) That the donee has a serious health condition that necessitates a bone
4marrow or organ transplant.
SB517,6,65 (b) That the employee is eligible and has agreed to serve as a bone marrow or
6organ donor for the donee.
SB517,6,87 (c) The amount of time expected to be necessary for the employee to recover
8from the bone marrow or organ donation procedure.
SB517,6,11 9(8) Position upon return from leave. (a) Subject to par. (c), when an employee
10returns from bone marrow and organ donation leave, his or her employer shall
11immediately place the employee in an employment position as follows:
SB517,6,1412 1. If the employment position that the employee held immediately before the
13bone marrow and organ donation leave began is vacant when the employee returns,
14in that position.
SB517,6,1915 2. If the employment position that the employee held immediately before the
16bone marrow and organ donation leave began is not vacant when the employee
17returns, in an equivalent employment position having equivalent compensation,
18benefits, working shift, hours of employment, and other terms and conditions of
19employment.
SB517,6,2320 (b) No employer may, because an employee received bone marrow and organ
21donation leave, reduce or deny an employment benefit that accrued to the employee
22before his or her leave began or, consistent with sub. (9), accrued after his or her leave
23began.
SB517,7,324 (c) Notwithstanding par. (a), if an employee on bone marrow and organ
25donation leave wishes to return to work before the end of the leave as scheduled, the

1employer shall place the employee in an employment position of the type described
2in par. (a) 1. or 2. within a reasonable time not exceeding the duration of the leave
3as scheduled.
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