Life Saving Leave Act

I 118TH CONGRESS 1ST SESSION H. R. 3024 To amend the Family and Medical Leave Act of 1993 to permit additional leave for bone marrow or blood stem cell donation, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 28, 2023 Mr. PHILLIPS (for himself, Mr. FITZPATRICK, and Ms. MATSUI) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Oversight and Ac- countability, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned A BILL To amend the Family and Medical Leave Act of 1993 to permit additional leave for bone marrow or blood stem cell donation, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Life Saving Leave 4 Act’’. 5 VerDate Sep 11 2014 23:19 May 11, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3024.IH H3024 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3024 IH SEC. 2. ENTITLEMENT TO ADDITIONAL LEAVE FOR BONE 1 MARROW OR BLOOD STEM CELL DONATION. 2 (a) IN GENERAL.—Section 102(a) of the Family and 3 Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amend- 4 ed— 5 (1) by redesignating paragraph (5) as para- 6 graph (6); and 7 (2) by inserting after paragraph (4) the fol- 8 lowing: 9 ‘‘(5) ENTITLEMENT TO ADDITIONAL LEAVE FOR 10 BONE MARROW OR BLOOD STEM CELL DONATION.— 11 ‘‘(A) IN GENERAL.—Subject to subpara- 12 graph (B) and section 103(g), an eligible em- 13 ployee shall be entitled to leave under this para- 14 graph— 15 ‘‘(i) for predonation activities relating 16 to the making of a donation of bone mar- 17 row or blood stem cells for transplant; 18 ‘‘(ii) for the making of such donation; 19 and 20 ‘‘(iii) for postdonation activities relat- 21 ing to the making of such donation. 22 ‘‘(B) LIMITATIONS.— 23 ‘‘(i) IN GENERAL.—An eligible em- 24 ployee shall be entitled to a total of 40 25 VerDate Sep 11 2014 23:19 May 11, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3024.IH H3024 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3024 IH hours of leave under this paragraph during 1 any 12-month period. 2 ‘‘(ii) COORDINATION RULE.—Leave 3 under this paragraph shall be in addition 4 to any leave provided under any other 5 paragraph of this subsection.’’. 6 (b) DEFINITION OF ELIGIBLE EMPLOYEE.—Section 7 101(2) of the Family and Medical Leave Act of 1993 (29 8 U.S.C. 2611(2)) is amended by adding at the end the fol- 9 lowing: 10 ‘‘(F) EMPLOYEES REQUESTING BONE MAR- 11 ROW OR BLOOD STEM CELL LEAVE.—The re- 12 quirements of subparagraphs (A) and (B)(ii) 13 shall not apply with respect to leave under sec- 14 tion 102(a)(5).’’. 15 (c) SCHEDULE.—Section 102(b)(1) of such Act (29 16 U.S.C. 2612(b)(1)) is amended by inserting after the third 17 sentence the following: ‘‘Subject to subsection (e)(4) and 18 section 103(g), leave under subsection (a)(5) may be taken 19 intermittently or on a reduced leave schedule.’’. 20 (d) SUBSTITUTION OF PAID LEAVE.—Section 21 102(d)(2) of such Act (29 U.S.C. 2612(d)(2)) is amended 22 by adding at the end the following: 23 ‘‘(C) BONE MARROW OR BLOOD STEM 24 CELL DONATION LEAVE.—An eligible employee 25 VerDate Sep 11 2014 23:19 May 11, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3024.IH H3024 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3024 IH may elect, but an employer may not require the 1 employee, to substitute any of the accrued paid 2 vacation leave, personal leave, or medical or 3 sick leave of the employee for leave provided 4 under subsection (a)(5) for any part of the 40 5 hours of such leave under such subsection, ex- 6 cept that nothing in this title shall require an 7 employer to provide paid sick leave or paid 8 medical leave in any situation in which such 9 employer would not normally provide any such 10 paid leave.’’. 11 (e) NOTICE.—Section 102(e) of such Act (29 U.S.C. 12 2612(e)) is amended by adding at the end the following: 13 ‘‘(4) NOTICE RELATING TO BONE MARROW OR 14 BLOOD STEM CELL DONATION LEAVE.—In any case 15 in which the necessity for leave under subsection 16 (a)(5) is foreseeable based on planned predonation, 17 donation, or postdonation activities, the employee— 18 ‘‘(A) shall make a reasonable effort to 19 schedule the treatment so as not to disrupt un- 20 duly the operations of the employer, subject to 21 the approval of the relevant health care pro- 22 vider; and 23 ‘‘(B) shall provide the employer with not 24 less than 30 days’ notice, before the date the 25 VerDate Sep 11 2014 23:19 May 11, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3024.IH H3024 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3024 IH leave is to begin, of the employee’s intention to 1 take leave under such subparagraph, except 2 that if the date of the treatment requires leave 3 to begin in less than 30 days, the employee 4 shall provide such notice as is practicable.’’. 5 (f) CERTIFICATION.—Section 103 of such Act (29 6 U.S.C. 2613) is amended by adding at the end the fol- 7 lowing: 8 ‘‘(g) CERTIFICATION RELATING TO BONE MARROW 9 OR BLOOD STEM CELL DONATION LEAVE.—An employer 10 may require that a request for leave under section 11 102(a)(5) be supported by a certification issued by a con- 12 tractor of the registry functions of the C.W. Bill Young 13 Cell Transplantation Program.’’. 14 Æ VerDate Sep 11 2014 23:19 May 11, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3024.IH H3024 pbinns on DSKJLVW7X2PROD with $$_JOB