SB 409: EMPLOYMENT: Provides protections for employees who become living organ donors. (8/1/26) (EN INCREASE GF EX See Note) - Louisiana

SB409 Original → SB409 Act 506 · 9 edits

MAJOR

SB 409 transitioned from its original Senate version to the enrolled Act 506 with several substantive changes: the paid leave period changed from thirty working days to thirty consecutive calendar days starting the day after surgery, a new FMLA concurrency requirement was added, the definition of 'state agency' was significantly broadened while adding explicit exclusions for the legislature and courts, the 'employer' definition was narrowed to only state agencies (removing other governmental subdivisions), and the provision prohibiting use of organ donor leave for retirement purposes was removed entirely.

REQUIREMENT

Paid leave duration changed from thirty working days (extendable by employer agreement) to thirty consecutive calendar days beginning on the day immediately following the organ donation surgery.

New provision requiring that paid leave run concurrently with any unpaid leave granted under the Family and Medical Leave Act (29 U.S.C. 2601 et seq.).

The list of leave types that organ donor paid leave is 'in addition to' was narrowed from 'medical, vacation, military, jury duty, or other leave otherwise authorized by law' to 'sick leave, annual leave, or military leave accrued by the employee during his employment with the state agency.'

The provision stating that paid leave for organ donation shall not be used for retirement purposes was removed entirely from the enrolled version.

DEFINITION

Definition of 'state agency' was broadened from 'a department, agency, bureau, board, or commission of any branch of state government' to include 'any state board, commission, department, agency, office, or other entity which makes rules, regulations, or policy, or formulates or issues decisions or orders' under federal or state law.

Definition of 'employer' narrowed from 'a state agency or other governmental subdivision' to simply 'a state agency,' removing other governmental subdivisions from coverage.

SCOPE

New exclusion added: 'state agency' does not include the legislature or any branch, committee, or office thereof, any political subdivision as defined in Article VI Section 44 of the Louisiana Constitution, or any court.

ELIGIBILITY

Employee definition changed: removed the 'twenty or more hours per week' requirement and changed 'employed by the same employer for at least twelve months' to 'continuously employed by the same agency for at least twelve months.'

TECHNICAL

Section numbering changed from R.S. 40:1264 and 1264.1 to R.S. 40:1264.1 and 1264.2, and sponsorship was updated to reflect passage through both chambers with additional co-sponsors.

SB409 Enrolled → SB409 Original · 7 edits

MODERATE

This bill was renumbered and simplified to focus on protecting employees who become living organ donors. The primary change is expanding paid leave protections from only state employees to include private sector employers, while simultaneously broadening the definition of eligible employers to include all governmental subdivisions.

Scope change

The bill's scope expanded from covering only state agency employees to covering employees of private employers and all governmental subdivisions.

SCOPE

Added protections for private sector employees who donate organs, whereas the original version only covered state agency employees.

DEFINITION

Changed the definition of 'Employee' to include any full-time employee working 20+ hours per week for an employer, rather than restricting it to state agency employees.

Expanded the definition of 'Employer' to include state agencies and all other governmental subdivisions, not just state agencies.

REQUIREMENT

Modified the paid leave requirement for private employers from 30 consecutive calendar days to 30 working days, unless agreed otherwise by the employer.

Added a new provision stating that paid leave for organ donation cannot be used for retirement purposes.

Removed the specific provision allowing private employers to grant unpaid leave for bone marrow donors, as the new text focuses on organ donation leave.

TECHNICAL

Adjusted the statute citation numbers from R.S. 40:1264.1 and 1264.2 to R.S. 40:1264 and 1264.1.

SB409 Reengrossed → SB409 Enrolled · 4 edits · May 25, 2026

MODERATE

The bill was finalized and enrolled, adding the signatures of the House Representatives and Governor while removing the Senate-only sponsors. The legislative text itself was renumbered to create new sections, shifting the focus from a single combined section to distinct sections for citations, definitions, and paid leave rules. The core policy regarding 30 days of paid leave for public employees remains unchanged, but the structure now explicitly separates public and private employer requirements.

Scope change

The bill's scope was technically refined by separating the legislative intent from the definitions and paid leave provisions into distinct subsections, though the substantive rules for public and private employers remain the same.

TECHNICAL

The bill was renumbered to create separate sections for citations, definitions, and paid leave rules, changing the internal structure of the statute.

The names of the original Senate sponsors were removed as the bill moved to the enrolled stage.

ENFORCEMENT

Signatures of the Speaker of the House and Governor were added, finalizing the bill as an enrolled law.

DEFINITION

Definitions were reorganized to explicitly list 'Private employer' and 'State agency' as distinct categories with specific exclusions.

SB409 Engrossed → SB409 Reengrossed · 2 edits · Mar 31, 2026

MINOR

The bill was reengrossed to correct a citation error in the Family and Medical Leave Act reference, changing the period after the statute number to a space. Additionally, the text was renumbered to use standard lettered subsections (a, b) instead of numbered subsections (i, ii). These are technical corrections that do not alter the bill's substantive policy, scope, or eligibility criteria.

TECHNICAL

Corrected the citation for the Family and Medical Leave Act from '29 U.S.C. §2601 et seq.' to '29 U.S.C. 2601 et seq.' by removing the section symbol.

Changed the internal numbering of subsections regarding leave length and employer rights from Roman numerals (i, ii) to standard letters (a, b).

EMPLOYMENT: Provides protections for employees who become living organ donors. (8/1/26) (EN INCREASE GF EX See Note)

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