Wisconsin Bone Marrow and Organ Donation Leave Will Soon Go Into Effective

WI S 517 was one of many Wisconsin bills that were passed during the state’s 2016 legislative session. Starting July 1, 2016, Wisconsin employers employing 50 or more employees on a permanent basis must provide employees with up to six weeks of leave in a 12-month period to undergo a bone marrow or organ donation procedure and recover from the procedure. During an employee’s leave, the employer must maintain the group health insurance coverage that applied immediately before the bone marrow and organ donation leave began. Employers are not obligated to pay their employee during their bone marrow and organ donation leave a wage or salary.

To take the bone marrow and organ donation leave, employees must have been employed by the employer for more than 52 consecutive weeks and worked for the employer for at least 1,000 hours during the preceding 52-week period. Employees must also notify employers of their intent to take leave in advance in a “reasonable and practicable manner.” Employees must make an effort to schedule the procedure so that it does not “unduly disrupt” the employer’s operations. Employers may request a written verification from the healthcare provider that the employee is to serve as a bone marrow or organ donor.

If an employee believes his or her employer violated the law, the employee may file a complaint with the Department of Workforce Development within 30 days after the violation occurs. Employers will be required to post in one or more conspicuous places a notice approved by the department with employees’ rights under the law. A violation may result in a $100 penalty for each offense.

Compliance Poster Company will update the Wisconsin All-On-OneTM Labor Law Poster with the new posting requirement as soon as the Wisconsin Department of Workforce Development releases it. Stay tuned!