[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3685 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3685

 To amend the Family and Medical Leave Act of 1993 to permit leave for 
    bone marrow or blood stem cell donation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 30, 2024

Mr. Casey (for himself and Mr. Cassidy) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Family and Medical Leave Act of 1993 to permit leave for 
    bone marrow or blood stem cell donation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Life Saving Leave Act''.

SEC. 2. ENTITLEMENT TO 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 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.--Subject to 
                        subsection (d)(3), during any 12-month period, 
                        an eligible employee shall be entitled to a 
                        combined total of 12 workweeks of leave under 
                        this paragraph and paragraph (1). Nothing in 
                        this paragraph shall be construed to limit the 
                        availability of leave under paragraph (1) 
                        during any other 12-month period.''.
    (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, subject to the approval of the 
                treatment provider of the activities, make a reasonable 
                effort to schedule the treatment so as not to disrupt 
                unduly the operations of the employer; 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 established under section 379 of the Public 
Health Service Act (42 U.S.C. 274k).''.
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