SB 409 — EMPLOYMENT: Provides protections for employees who become living organ donors. (8/1/26) (EN INCREASE GF EX See Note)

SLS 26RS-871 REENGROSSED Regular Session ENROLLED SENATE BILL NO.

409 BY SENATORS MYERS, BARROW, SEABAUGH, SELDERS, STINE AND TALBOT EMPLOYMENT.AND REPRESENTATIVES CHASSION AND HILFERTY AN ACT To enact Part II-A of Subchapter A of Chapter 5-F of Title 40 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.

Provides40:1264.1 protectionsand for1264.2, employeesrelative whoto becomepublic livinghealth; organ donors.

(8/1/26)to ANprovide ACTfor Topaid enactleave Partfor II-Aliving oforgan Subchapterdonors; A of Chapter 5-F of Title 40 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.

40:1264to andprovide 1264.1,for relativelegislative topurpose; public health;

to provide relative to paid leave for livinglegislative organintent; donors;

to provide for legislativepurpose;toprovideforlegislativeintent;toproviderelativetoeligibility;eligibility;

to provide relativefor to verification procedures byemployers;by employers;

to prohibit forfeiture of leave under certain circumstances;circumstances;toprovideforpaidleavebyprivateemployers;toprovidedefinitions;

to provide relative to paid leave by private employers;

to provide relative to definitions;

Part II-A of Subchapter A of Chapter 5-F of Title 40 of the Louisiana RevisedRevisedStatutesof1950,comprisedofR.S.40:1264.1and1264.2,isherebyenactedtoread Statutesas offollows: 1950, comprised of R.S.

40:1264 and 1264.1, is herebyenacted to read as follows:

LOUISIANA LIVING DONOR PAID LEAVE PROTECTION ACT §1264.§1264.1.

legislative intent A.Citation.ThisPartshallbeknownandmaybecitedasthe"LouisianaA. Living Donor Paid Leave Protection Act".

This Part shall be known and may be cited as the "Louisiana Living Donor Paid Leave Protection Act".

Purpose.The legislature declares that the purpose of this Part is all of the following:

The(1)Toprotectlivingorgandonorsfromjobinsecurityorsurgerydelays. legislature declares that the purpose of this Part is all Page 1 of 5 Coding:

(2) To encourage living organ donors whose organs last longer and Page 1 of 4 Coding:

SLS 26RS-871 REENGROSSED SB NO.

409 ofENROLLED thefunction following:better than deceased donor organs.

(1)Toprotectlivingorgandonorsfromjobinsecurityorsurgerydelays.(3)To keep Louisianians healthy, employed, and out of long-termstate- fundedcare,therebysavingthestatethousandsofdollarsperpatienteachyear.

(2) To encourage living organ donors, whose organs last longer and function better than deceased donor organs.

(3) To keep Louisianians healthy, employed, and out of long-termstate- fundedcare,therebysavingthestatethousandsofdollarsperpatienteachyear.

LegislativeIt intent.is the intent of the legislature to facilitate living organ donors' return to employment at a reasonable cost to the employer.

To§1264.2.Definitions;paidleaveforpublic-sectorlivingorgandonors;unlawful facilitatepractice livingby organemployers donors'prohibited; return to employment at a reasonable cost to the employer.

§1264.1.Definitions;paidleaveforpublic-sectorlivingorgandonors;unlawful practice by employers prohibited;

As used in this Section, the following definitions shall apply:

(1)(1)(a)"Employee"meansafull-timeemployeeofastateagencywhohas "Employee" means a full-time employee of a state agency who has been continuously employed by the same agency for at least twelve months.

"Employee"(b)"Employee" does not include an independent contractor.

(4) "Living organ donor" and "organ donor" mean a person who knowingly and willingly donates all or part of a human organ while hethe orperson she is alive for transplantation into another person.

(5)(5)(a) "Private employer" means a sole proprietor, corporation, partnership, limited liability company, or other entity with one or more employees.

(b) "Private employer" does not include a municipality, parish, state agency, institution of higher education, or other public employer.

(6)(6)(a) "State agency" means any state board, commission, department, agency, office, or other entity which makes rules, regulations, or policy, or formulates or issues decisions or orders pursuant to, or as directed by, or in implementation of, the constitution and laws of the United States or the constitution and laws of Louisiana.this state.

(b) "State agency" does not include the legislature or any branch, committee, or office thereof, any political subdivision as defined in Article VI, Section 44 of the Constitution of Louisiana or any board, commission, Page 2 of 54 Coding:

SLS 26RS-871 REENGROSSED SB NO.

409 legislatureENROLLED or any branch, committee, or officer thereof, any political subdivision asdefinedinArticleVI,Section44oftheConstitutionofLouisiana or any board, commission, department, agency, office, or other entity thereof, andor any court.

B.(1)An employeremployershall shallgrantpaid grantleaveof paidabsence leaveofto absencetoanan employeewho seekstoundergoamedicalproceduretodonateahumanorgan.Thepaidleave of absence shall not exceed thirty consecutive calendar days beginning on the dayimmediatelyfollowingtheorgandonationsurgery.Thispaidleaveshallrun concurrently with any unpaid leave granted to eligible employees pursuant to the Family and Medical Leave Act, 29 U.S.C.

Paid leave granted underpursuant to this Section shall be in addition to any sick leave, annual leave, or military leave accrued by the employee during his employment with the state agency.

(2)Theemployermayrequireverificationbyaphysician ofthepurpose andlengthofeachperiodofleaverequestedbytheemployeetodonateahuman organ.Ifthereisorgan. a medicaldetermination thattheemployeedoes notqualifyas an organ donor, thepaid leaveof absencegrantedtothe employee prior tothat medical determination is not forfeited.