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.