White Paper

Wisconsin Enacts Bone Marrow and Organ Donation Leave Law

 
Wisconsin recently enacted the Bone Marrow and Organ Donation Leave Act (Act) entitling employees who undergo bone marrow or organ donation to six (6) weeks of leave in a twelve (12) month period (presumably a calendar year). Eligible employees may only take the amount of leave necessary for the employee to undergo the bone marrow or organ donation procedure and for the subsequent recovery time. The Act, which became effective July 1, 2016, is available to individuals employed by employers with 50 or more permanent employees.

The Act adopted similar eligibility requirements to that of the Wisconsin Family and Medical Leave Act (WFMLA). For example, employees are only eligible for bone marrow and organ donation leave if they have worked for a covered employer for 52 consecutive weeks and have worked at least 1,000 hours during the preceding 52-week period. Employers are not required to provide paid leave to employees seeking leave for bone marrow or organ donation; however, employees may substitute paid or unpaid leave of any type provided by the employer (as is permitted under the WFMLA). In addition, an employee's bone marrow and organ donation leave should run concurrently with his/her leave under the FMLA when the circumstances surrounding the employee's leave meet the requirements of a serious health condition.

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Faculty

Robert J. Simandl

Robert J. Simandl

von Briesen & Roper, s.c.

Agenda

Faculty

Robert J. Simandl

Robert J. Simandl

von Briesen & Roper, s.c.

  • Founding member and principal at Simandl Law Group, S.C.
  • More than 25 years of experience advising clients on a wide range of employee benefit, labor and employment law issues
  • Counsels employers on all aspects of workplace compliance responsibilities
  • Served as an advisor to several legislators in drafting the federal Family and Medical Leave Act and served on the Wisconsin Family and Medical Leave Task Force
  • Frequent speaker and has written numerous pubilcations
  • J.D. degree, cum laude, Marquette University Law School; Undergraduate degree, with honors, Univeristy of Wisconsin-Milwaukee
  • Can be contacted at 262-923-8651 or [email protected]

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