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Louisiana enacted Senate Bill 409, the Louisiana Living Donor Paid Leave Protection Act, establishing new leave rights for employees who serve as organ or bone marrow donors. The law creates both paid leave for eligible state employees and a new unpaid, job-protected leave requirement for private employers.
Summary of key provisions
Effective date: August 1, 2026
Two parallel leave entitlements:
- State employees: up to 30 consecutive calendar days of paid leave for eligible Louisiana state agency employees
- Private-sector employees: up to 30 consecutive calendar days of unpaid, job-protected leave; employers may offer more generous benefits (e.g., longer or paid leave)
New unpaid leave requirement for private employers:
- Applies to employers with one or more employees
- Leave must be granted when an employee submits a written request to serve as a living organ or bone marrow donor
- Duration:
- The amount of time requested, or
- Up to 30 consecutive calendar days, whichever applies
- Employers may not take adverse action against employees who request or take donor leave
- Employers may require physician verification supporting the need and duration of leave
Interaction with other leave laws:
- Donor leave is supplemental and does not limit other leave rights
- FMLA coordination: organ donation will often qualify as a serious health condition, so FMLA and donor leave may run concurrently for eligible employees
- Employers may continue to provide greater benefits than required by the statute
Employer takeaways
Employers with Louisiana employees should prepare ahead of the August 1, 2026 effective date:
- Update policies and handbooks to include donor leave as a distinct category, including eligibility, duration and coordination with other leave programs
- Implement request procedures to capture written leave requests and any required physician verification
- Train HR and managers on administering donor leave and complying with anti-retaliation requirements
- Align administration practices so donor leave is tracked alongside FMLA and other applicable leave entitlements
- Review overall leave strategy to determine whether to offer more generous (e.g., paid) donor leave benefits
How Alight supports employers
Alight specializes in state and federal leave of absence programs. Alight Leave Solutions monitors state leave developments and state agency guidance and will incorporate changes where they affect the administration of leave of absence.
Disclaimer
This material is provided for general information purposes only and does not constitute legal advice. The information contained in this article reflects the legislative, statutory and/or regulatory landscape as of the date of publication. Given the evolving nature of laws, regulations and interpretive and official guidance, portions of this content may no longer be current. Readers should not rely on this content as a substitute for current compliance guidance and should consult the most up-to-date statutes, regulations and guidance, and/or seek legal advice before acting on any information referenced herein.
