Provides protections for employees who become living organ donors. (8/1/26)

Senate Bill 328 enacts the Louisiana Living Donor Paid Leave Protection Act by creating R.S. 40:1264 and 1264.1, which establish mandatory paid leave protections for employees who serve as living organ donors. The legislation requires public-sector employers, defined as state agencies and governmental subdivisions, to provide up to thirty working days of paid leave to full-time employees with at least twelve months of tenure who seek to donate a human organ, including all or part of a liver, pancreas, kidney, intestine, lung, or bone marrow. For private employers, the statute mandates a minimum of thirty days of unpaid leave upon written request, though private employers may voluntarily grant paid leave and receive a tax credit equal to twenty-five percent of regular salary or wages paid during the leave period, limited to the first thirty days. Employers may verify the purpose and length of requested leave through physician certification, and if a medical determination shows the employee does not qualify as a donor, any paid leave granted prior to that determination is not forfeited.

The practical effect of this legislation impacts both public and private sector employees and their employers throughout Louisiana. Public employees who are full-time workers averaging at least twenty hours per week and employed for a minimum of twelve months gain explicit statutory protection for organ donation leave, which supplements rather than replaces existing medical, vacation, military, and jury duty leave entitlements. Private sector employees receive at least thirty days of unpaid leave protection upon written request, with the opportunity for paid leave if employers voluntarily grant it and claim the associated tax credit. Employers in both sectors are prohibited from discharging, demoting, suspending, threatening, harassing, or discriminating against employees for requesting or obtaining organ donation leave, creating enforceable protections against retaliation. Private employers who elect to pay employees during organ donation leave may reduce their tax liability, though this credit does not apply if the employee qualifies for protection under the Family and Medical Leave Act of 1993.

This legislation operates within Louisiana's public health regulatory framework under Title 40 of the Louisiana Revised Statutes and complements existing federal employment protections. The statute explicitly preserves employee rights under other employment benefits and does not prevent employers from offering leave in excess of the statutory minimums. The paid leave benefit created by this act cannot be converted to cash value upon termination and may not be utilized for retirement purposes, distinguishing it from traditional vacation or paid time off. The effective date of August 1, 2026 allows employers time to implement administrative procedures for processing paid leave requests and physician verification requirements while establishing Louisiana as a jurisdiction encouraging organ donation through employment protections similar to those enacted in other states addressing organ and bone marrow donor leave.