Overview: Maryland has enacted legislation that will require certain employers to provide organ and bone marrow donation leave to eligible employees.
Effective Date: January 1, 2020
Details:
Requires Organ Donation Leave
Maryland has enacted legislation (House Bill 1284) that will require certain employers to provide organ and bone marrow donation leave to eligible employees.
Employee Eligibility:
To be eligible for the leave, employees must:
· Work for an employer with at least 15 employees in the state;
· Be employed by the employer for at least 12 months; and
· Have worked at least 1,250 hours for the employer during the previous 12 months.
Certification:
Eligible employees must provide written verification from a physician that they are an organ donor or a bone marrow donor and there is a medical necessity for the donation.
Basic Leave Entitlement:
An eligible employee is entitled to unpaid leave of up to:
· 60 business days in any 12-month period to serve as an organ donor; and
· 30 business days in any 12-month period to serve as a bone marrow donor.
Note: Organ/bone marrow donation leave does not run concurrently with leave taken under the federal Family and Medical Leave Act.
Job Restoration:
Eligible employees returning from organ/bone marrow donation leave must generally be restored to:
· The position they held at the start of the leave; or
· An equivalent position with equivalent benefits, pay, and other terms and conditions of employment.
Benefits and Seniority:
Employers are also prohibited from considering any organ/bone marrow donation leave as a break in service for the purpose of the employee’s right to salary adjustments, sick leave, vacation, paid time off, annual leave, or seniority.
During organ/bone marrow donation leave, employers must maintain group health coverage in the same manner that coverage would have been provided if the eligible employee had continued working.
Retaliation Prohibited:
Employers are prohibited from taking adverse action against individuals for requesting leave, filing a complaint alleging violations of the law, or testifying in an enforcement action against the employer.
Action Required: Covered Maryland employers should review policies, procedures, and training to ensure compliance with House Bill 1284 by January 1, 2020.
Please contact your dedicated service professional with any questions.
This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.