HB5738 99TH GENERAL ASSEMBLY

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99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5738

Introduced , by Rep. John M. Cabello

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 327/25 new

Creates the Bone Marrow and Organ Donor Leave Protection Act. Provides that employees of private employers having 51 or more employees, units of local government, boards of election commissioners, school districts, any subdivisions thereof must permit employees to take leave for purposes of donating organs or bone marrow. Prohibits retaliation for taking leave. Authorizes 30 days of leave for organ donation and 5 days leave for bone marrow donation. Defines terms. Amends the Organ Donor Leave Act to prohibit retaliation for taking leave.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Bone Marrow and Organ Donor Leave Protection Act.

Section 5. Purpose. This Act is intended to provide leave to employees of units of local government, boards of election commissioners, school districts, and any subdivisions thereof, and private employers in the State of Illinois for the purposes of donating bone marrow or an organ. This Act further seeks to protect employees from retaliation for requesting or obtaining leave granted in accordance with this Act.

Section 10. Definitions. As used in this Act:

"Employer" means any private employer in the State with 51 or more employees or any unit of local government, board of election commissioners, school district, or a political subdivision thereof.

"Department" means the Department of Labor.

"Organ" means any biological tissue of the human body that may be donated by a living donor, including, but not limited to, the kidney, liver, lung, pancreas, intestine, bone, and skin or any subpart thereof.

"Participating employee" means a permanent, full-time or part-time employee who has been employed by an employer for a period of 6 months or more and who donates bone marrow or an organ.

Section 15. Administration of Act.

(a) A participating employee, subject to this Act, who wishes to donate bone marrow or an organ, shall request in advance leave under this Act.

(b) A participating employee must use and exhaust any accrued sick, personal, or vacation time prior to obtaining leave under this Act.

(c) If a participating employee (i) requests leave from the employer for the purpose of serving as a bone marrow donor and (ii) provides the employer with written verification by a physician that the employee is to serve as a bone marrow donor, the employer must grant the employee bone marrow donation leave of not more than 5 work days, as determined by the attending physician, during which time the employee may serve as a bone marrow donor.

(d) If a participating employee (i) requests leave from the employer for the purpose of serving as an organ donor and (ii) provides the employer with written verification by a physician that the employee is to serve as an organ donor, the employer must grant the employee organ donation leave of not more than 30 work days, as determined by the attending physician, during which time the employee may serve as a human organ donor.

(e) No employer shall retaliate or otherwise penalize an employee for requesting or obtaining leave pursuant to the provisions of this Act.

Section 20. Rules. The Department shall administer this Act and adopt rules necessary for that purpose.

Section 90. The Organ Donor Leave Act is amended by adding Section 25 as follows:

(5 ILCS 327/25 new)

Sec. 25. Retaliation against employee prohibited. No agency shall retaliate or otherwise penalize an employee for requesting or obtaining leave pursuant to the provisions of this Act.