Effective August 1, 2026, Louisiana Senate Bill 409 (the Louisiana Living Donor Paid Leave Protection Act) creates new statutory protections for employees who serve as living organ or bone marrow donors. While the law establishes paid leave requirements for state employees, it also imposes new obligations on private employers to provide protected leave and prohibits retaliation against employees who request or take such leave.
New Unpaid Leave Requirement for Private Employers
Under the Act, private employers must grant employees an unpaid leave of absence to allow them to serve as a human organ or bone marrow donor, provided the employee submits a written request.
The length of leave must be:
- The amount of time requested by the employee, or
- Up to 30 consecutive calendar days, whichever is applicable.
Importantly, the law sets a minimum baseline requirement, but expressly allows employers to provide more generous leave policies, including:
- Longer leave durations; or
- Paid leave in lieu of unpaid leave.
Interaction With Other Leave Policies
The statute clarifies that organ donor leave:
- Does not limit an employee’s rights under other leave programs (such as employer‑provided leave policies or federal law); and
- Allows employers to provide additional benefits beyond the statutory minimum.
This means employers must treat donor leave as a supplemental protected leave right, rather than a cap on existing benefits.
Anti‑Retaliation Protections
The Act includes broad anti‑retaliation provisions, making it unlawful for employers to:
- Discharge, demote, or suspend an employee;
- Threaten or harass an employee; or
- Otherwise discriminate against an employee
because the employee requests or takes leave to serve as an organ or bone marrow donor.
These protections apply regardless of whether the leave is paid or unpaid and create potential exposure if adverse action is tied to donor‑related leave.
Scope and Covered Employers
The law applies broadly to private employers with one or more employees, including corporations, partnerships, limited liability companies, and sole proprietors. Independent contractors are not covered as employees under the statute.
The Act is intended to encourage organ donation while balancing employer costs, and explicitly recognizes the public health and economic benefits of facilitating donor leave.
Employer Takeaway
Beginning August 1, 2026, Louisiana private employers must be prepared to accommodate written requests for organ or bone marrow donor leave and ensure that such leave is granted in accordance with the statute. Employers should:
- Update leave policies to include organ donor leave provisions;
- Establish procedures for receiving and documenting written leave requests;
- Train managers and HR personnel on the law’s anti‑retaliation requirements; and
- Ensure consistent handling of leave to avoid compliance risks.
While the leave requirement is unpaid, the Act creates clear statutory protections and liability exposure, making proactive policy updates and training essential for compliance.