Wisconsin to Require 6 Weeks’ Unpaid Bone Marrow/Organ Donor Leave

APPLIES TO

All Private Wisconsin Employers of 50+ Employees

EFFECTIVE

July 1, 2016

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(888) 378-2456

The Wisconsin Donation Leave Act (“WDLA”) will soon require private Wisconsin employers of 50 or more employees to provide up to six weeks of unpaid leave per 12-month period for bone marrow or organ donation procedures.  The WDLA mirrors many of the provisions of Wisconsin Family and Medical Leave Act (“WFMLA”) and applies to the same employers covered under the WFMLA.  Key provisions of the WDLA are included below.

Who is Eligible: Employees who have worked for the employer for more than 52 consecutive weeks, and for at least 1,000 hours during that 52-week period.
Notice and Documentation Requirements: Employees must give the employer advance notice of their intent to donate bone marrow/organs and must make a reasonable effort to schedule the donation to limit the impact on the employer’s operations.

Employers can require employees to provide written verification that the employee will serve as a bone marrow or organ donor.  The employer can also request certification from the health care provider that (1) the donee’s health condition necessitates the bone marrow/organ donation, and (2) that the employee is eligible and has agreed to serve as a donor.

Posting Requirements: The Wisconsin Department of Workforce Development (“DWD”) is currently developing a workplace poster.  Once published, covered employers must display the poster in a conspicuous location.

Although a written policy is not required, employers should add or revise existing policy language in their handbooks and employment documents regarding the new bone marrow/organ donation leave.

Action Items:

  1. Look for the new, mandatory poster to be produced by the DWD and post in a conspicuous location once available.
    1. Edit as of June 24, 2016: Employers can download the required posting from the WDW here.
  2. Contact ManagEase at (888) 230-3231 for assistance in revising handbooks and leave documentation.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2016 ManagEase, Incorporated.

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