Provides relative to unpaid leave for living organ donations

HB 561 enacts a new section of the Louisiana Revised Statutes addressing unpaid leave for living organ donors. The legislation creates R.S. 40:1263.5, which mandates that employers provide unpaid leave to eligible employees who donate a living organ. The law defines "employee" as a person working for hire for an average of at least twenty hours per week, excluding independent contractors, and "employer" as any person or entity employing twenty or more employees at a single site, encompassing private employers, nonprofits, and all governmental entities including state agencies, parishes, municipalities, and school districts. The core requirement obligates employers to grant unpaid leave of absence to employees undergoing a medical procedure to donate a living organ, with the employee determining the leave duration up to one hundred sixty work hours unless the employer agrees to extend it. Employers may require verification from a healthcare professional such as a physician or nurse practitioner regarding the purpose and duration of the requested leave.

The practical effect of this legislation extends to any employee meeting the threshold requirements in organizations with sufficient size. Employees performing services for hire at an average of twenty or more hours per week gain a statutory right to unpaid leave for organ donation procedures without fear of employment consequences. Employers with twenty or more employees must accommodate these leave requests or face potential legal liability. The law provides employers with a narrow protective measure by permitting verification requirements from qualified healthcare professionals, allowing employers to prevent abuse while facilitating legitimate donation procedures. Independent contractors receive no protections under this statute, as they are explicitly excluded from the definition of employee. Public employers including school districts and governmental subdivisions must comply with the same requirements as private entities.

The statute operates within Louisiana's existing employment law framework, which has historically provided limited unpaid leave protections compared to federal law such as the Family and Medical Leave Act. By specifically carving out organ donation as a protected leave purpose, Louisiana joins other jurisdictions that recognize the public health interest in encouraging living organ donation. The law does not preempt or modify federal leave requirements, meaning employees may be entitled to protections under FMLA or other federal statutes in addition to those provided here. The statute explicitly preserves an employee's existing rights to other employment benefits and allows employers to provide leave beyond the statutory minimum, leaving room for collective bargaining agreements and more generous employer policies. The antiretaliation provision in subsection C functions as a remedial protection analogous to retaliation provisions found in other employment protection statutes, establishing a prohibition against termination or other adverse employment actions.