Bone Marrow Leave under Minnesota Law

Minnesota law requires that employers with 20 or more employees at at least one work-site must grant paid leaves of absence to an eligible employee who seeks to undergo a medical procedure to donate bone marrow.  See Minn. Stat. § 181.945.  Here’s what employers need to know about bone marrow leave:

  • Length of Bone Marrow Leave:  The combined length of the leave must be determined by the employee, but may not exceed 40 work hours, unless agreed to by the employer.
  • Employee Eligibility:  To be eligible for bone marrow leave, an employee must work an average of 20 or more hours per week for the employer.  Independent contractors are not eligible for bone marrow leave.
  • Medical Verification:  The employer may require verification from a physician of the purpose and length of each instance of bone marrow leave requested by an employee.  If there is a subsequent medical determination that the employee does not qualify as a bone marrow donor, the paid leave granted to the employee prior to that medical determination may not be forfeited.
  • No Retaliation:  An employer may not retaliate against an employee for requesting or obtaining bone marrow leave.

About Michael Miller

Michael is a Chambers-rated attorney in Briggs and Morgan's Employment, Benefits, and Labor group and is head of the firm’s Employment Law Counseling and Compliance practice group. He has 25 years experience counseling employers to prevent unwanted litigation and advises companies of ongoing changes in federal, state and local employment law. Michael advises employers in all areas of employment law including discipline and discharge, leaves of absence, wage and hour compliance, non-compete and confidentiality agreements, affirmative action plans, background checking, and drug/alcohol testing. For Michael's full bio, click here.

Posted on August 23, 2011, in Leaves of Absence and tagged . Bookmark the permalink. Leave a comment.

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