Entitlement to additional leave for bone marrow or blood stem cell donation

(a)

In general

Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended—(1)by redesignating paragraph (5) as paragraph (6); and(2)by inserting after paragraph (4) the following:

(5)

Entitlement to additional leave for bone marrow or blood stem cell donation

(A)

In general

Subject to subparagraph (B) and section 103(g), an eligible employee shall be entitled to leave under this paragraph—(i)for predonation activities relating to the making of a donation of bone marrow or blood stem cells for transplant;(ii)for the making of such donation; and(iii)for postdonation activities relating to the making of such donation.(B)

Limitations

(i)

In general

An eligible employee shall be entitled to a total of 40 hours of leave under this paragraph during any 12-month period.(ii)

Coordination rule

Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection.

(b)

Definition of eligible employee

Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following:

(F)

Employees requesting bone marrow or blood stem cell leave

The requirements of subparagraphs (A) and (B)(ii) shall not apply with respect to leave under section 102(a)(5).

(c)

Schedule

Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the third sentence the following: Subject to subsection (e)(4) and section 103(g), leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule..(d)

Substitution of paid leave

Section 102(d)(2) of such Act (29 U.S.C. 2612(d)(2)) is amended by adding at the end the following:

(C)

Bone marrow or blood stem cell donation leave

An eligible employee may elect, but an employer may not require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for leave provided under subsection (a)(5) for any part of the 40 hours of such leave under such subsection, except that nothing in this title shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave.

(e)

Notice

Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following:

(4)

Notice relating to bone marrow or blood stem cell donation leave

In any case in which the necessity for leave under subsection (a)(5) is foreseeable based on planned predonation, donation, or postdonation activities, the employee—(A)shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the relevant health care provider; and(B)shall provide the employer with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subparagraph, except that if the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.

(f)

Certification

Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following:

(g)

Certification relating to bone marrow or blood stem cell donation leave

An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued by a contractor of the registry functions of the C.W. Bill Young Cell Transplantation Program.