The Bone Marrow and Organ Donation Leave Act requires that all employers with 50 or more permanent employees must allow employees up to six (6) weeks leave in a 12-month period for the purpose of serving as a bone marrow or organ donor, if the employee provides his or her employer with written verification that the employee is to serve as a bone marrow or organ donor. Leave may be taken only for the period necessary for the employee to undergo the donation procedure and to recover from the procedure.
The law applies only to an employee who has worked for the employer more than 52 consecutive weeks and for at least 1000 hours during that 52-week period.
The law also requires that employees be allowed to substitute paid or unpaid leave provided by the employer for Wisconsin Family and Medical Leave. Employer may have leave policies that are more generous than leaves required by law.
All Employers who have 25 or more employees must post a notice which states the employer's policies for bone marrow and organ donation leave and employers with 50 or more employees must also post, in one or more conspicuous places, a poster developed by the Department, which states the employees’ rights under the law. The penalty for violation (not posting) is $100 for each offense.
An employee who believes his or her employer has violated the Wisconsin Bone Marrow and Organ Donation Leave Act may file a complaint with the Equal Rights Division. There is a 30-day statute of limitations.
Use form number ERD-18263-E to file a complaint under the Wisconsin Organ Donation and Bone Marrow Leave Law.