SB 409 creates the Louisiana Living Donor Paid Leave Protection Act and adds new provisions to Title 40 of the Louisiana Revised Statutes governing leave for employees who donate a human organ. The bill states a legislative purpose of protecting living organ donors from job insecurity or surgery delays, encouraging donation, and helping keep donors healthy and employed. It applies to state agencies and private employers, but the rules differ by sector.
For full-time state agency employees who have been employed for at least 12 months, the bill requires employers to grant up to 30 consecutive calendar days of paid leave beginning the day after organ donation surgery. That leave runs concurrently with any unpaid leave available under the federal Family and Medical Leave Act and is in addition to accrued sick, annual, or military leave. Employers may require physician verification, and if an employee is later found not to qualify as a donor, leave already granted is not forfeited.
For private employers, the bill requires unpaid leave for an employee who requests in writing to serve as a human organ donor or bone marrow donor, for the requested period or up to 30 consecutive calendar days. The bill also prohibits discharge, demotion, suspension, threats, harassment, or discrimination against an employee for requesting or taking donor leave. It further clarifies that employers may provide more generous leave than the minimum required and that the new leave has no cash value upon termination.
The bill’s impact is to create a new employment-rights framework for living organ donation in Louisiana, primarily by mandating paid leave for certain public employees and unpaid leave protections for private-sector workers. It amends state law by adding R.S. 40:1264.1 and 1264.2 and establishes employer obligations, verification procedures, anti-retaliation protections, and coordination with existing leave laws such as the FMLA.
The overall sentiment appears strongly favorable and noncontroversial. The bill passed the Senate 36-0, the House 92-0, and the Senate concurred 33-0, indicating broad bipartisan support. No committee transcript or recorded opposition is provided, and the unanimous votes suggest little to no public contention, though the main policy distinction is that public employees receive paid leave while private employees are guaranteed only unpaid leave.
SB 409 enacts new statutory protections for living organ donors by adding the Louisiana Living Donor Paid Leave Protection Act to Title 40. It requires paid leave for eligible state agency employees and unpaid leave for private employees who donate a human organ or bone marrow, while also prohibiting retaliation and setting verification and duration rules. The bill affects state agencies, private employers, and employees seeking donor leave, and it coordinates with the federal Family and Medical Leave Act and existing state leave benefits.
The bill appears to have enjoyed broad, unanimous support throughout the legislative process. It passed the Senate and House without any recorded dissent, and the Senate concurred unanimously as well. The stated purpose of encouraging organ donation and protecting employees from job loss or surgery delays likely contributed to the positive reception.
No significant contention is reflected in the available record. The only notable policy distinction in the bill is between public and private employers: state agency employees are entitled to paid leave, while private-sector employees receive unpaid leave. The bill also allows employers to require physician verification, but it protects leave already granted if the employee is later found not to qualify as a donor.