Senate Bill 2639

(As Passed the Senate)

AN ACT TO ENACT A "MISSISSIPPI LIVING ORGAN DONOR LEAVE ACT" WHICH PROVIDES FOR EXTENDED LEAVE TIME FOR STATE EMPLOYEES WHO MAKE A LIVING ORGAN OR BONE MARROW DONATION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) This act may be cited as the "Mississippi Organ Donor Leave Act."

(2) This act is intended to provide time off with pay for state employees who donate an organ, bone marrow, blood or blood platelets.

(3) As used in this act:

(a) "Agency" means any branch, department, board, committee or commission of state government, but does not include units of local government or school districts.

(b) "Department" means the Mississippi Department of Finance and Administration.

(c) "Participating employee" means a permanent full-time or part-time employee who has been employed by an agency for a period of six (6) months or more and who donates an organ, bone marrow, blood or blood platelets.

(4) (a) On request, a participating employee subject to this act may be entitled to organ donation leave with pay.

(b) An employee may use (i) up to thirty (30) days of organ donation leave in any twelve-month period to serve as a bone marrow donor, (ii) up to thirty (30) days of organ donation leave in any twelve-month period to serve as an organ donor, (iii) up to one (1) hour to donate blood every fifty-six (56) days, and (iv) up to two (2) hours to donate blood platelets in accordance with appropriate medical standards established by the American Red Cross or other nationally recognized standards. Leave under subparagraph (iv) may not be granted more than twenty-four (24) times in a twelve-month period.

(c) An employee may use organ donation leave or other leave authorized in paragraph (b) of this section only after obtaining approval from the employee's agency.

(d) An employee shall not be required to use accumulated sick or vacation leave time before being eligible for organ donor leave.

(e) The department must adopt rules governing organ donation leave, including rules that (i) establish conditions and procedures for requesting and approving leave, and (ii) require medical documentation of the proposed organ or bone marrow donation before leave is approved by the employing agency.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.