Previously, only employees of the Wisconsin state government were entitled to job-protected leave for bone marrow or organ donations. Starting July 1st, 2016 Wisconsin employers will be required to provide all employees, eligible for State FMLA job protections, with up to six weeks of unpaid leave in a 12-month period, to undergo and recover from bone marrow or organ donation procedures.

To be eligible under the Wisconsin Donor Leave Act (WDNA) an employee must meet the following criteria:

  • Work for an employer with 50 or more employees
  • Have been employed for at least 52 consecutive weeks
  • Have worked 1000 or more hours in the past 52 weeks

This bill will provide eligible employees with job-protected leave for organ donations of kidneys, partial livers, partial lungs, partial pancreas, partial intestine, and bone marrow.

Employers can request medical certification from an employee that has been sufficiently completed by their healthcare provider. In all instances where it is possible to do so, employees should make every effort to provide advance notice so as not to unduly disrupt their employer’s operation.

Mandatory posters are being developed by the Wisconsin Department of Workforce Development, to be displayed by employers affected by this leave law.

Employers should begin to review their leave policies to include this new leave law and adopt appropriate language regarding this leave.