MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Fees and Salaries of Public Officers
By: Representative Fleming
AN ACT TO CREATE THE ORGAN DONOR LEAVE ACT, WHICH PROVIDES LEAVE FOR STATE EMPLOYEES TO USE WHEN DONATING AN ORGAN, BONE MARROW, BLOOD OR BLOOD PLATELETS; TO REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ADOPT RULES TO ESTABLISH CONDITIONS AND PROCEDURES FOR REQUESTING AND APPROVING ORGAN DONOR LEAVE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be cited as the "Organ Donor Leave Act."
SECTION 2. This act is intended to provide time off with pay for state employees who donate an organ, bone marrow, blood or blood platelets.
SECTION 3. The following definitions shall govern the construction and meaning of the terms used in this act:
(a) "Agency" means any agency, department or institution of state government, but does not include political subdivisions of the state.
(b) "Department" means the 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.
SECTION 4. (1) On request, a participating employee subject to this act may be entitled to organ donation leave with pay.
(2) An employee may use up to:
(a) Thirty (30) days of organ donation leave in any twelve-month period to serve as a bone marrow donor;
(b) Thirty (30) days of organ donation leave in any twelve-month period to serve as an organ donor;
(c) One (1) hour to donate blood every fifty-six (56) days; and
(d) 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 this paragraph (d) may not be granted more than twenty-four (24) times in a twelve-month period.
(3) An employee may use organ donation leave or other leave authorized in subsection (2) of this section only after obtaining approval from the employee's agency.
(4) An employee may not be required to use accumulated major medical or personal leave time before being eligible for organ donor leave.
(5) The department shall adopt rules governing organ donation leave, including rules that establish conditions and procedures for requesting and approving leave, and require medical documentation of the proposed organ or bone marrow donation before leave is approved by the employing agency.
SECTION 5. This act shall take effect and be in force from and after July 1, 2004.