FAQ
FAQ
Breadcrumbs

Louisiana Living Donor Leave Protection Act - Legislative Guidance

Table of Contents

Overview
Employer Coverage
Employee Eligibility
Qualifying Absence Reasons and Leave Duration
How Leave Can Be Taken
Certification Requirements
Pay and Benefits
Interaction with Other Laws
Employee and Employer Responsibilities
Resources

Overview

Louisiana requires private employers to provide eligible employees with up to 30 consecutive calendar days of unpaid, job-protected leave to serve as a living organ or bone marrow donor. The law applies to all private employers with one or more employees and takes effect August 1, 2026.

An employer may voluntarily grant a leave of absence longer than 30 consecutive calendar days at their discretion. Donation leave does not affect any other employment benefit to which an employee is otherwise entitled.

Should the employee be found through medical determination not to qualify as a donor, any leave taken by the employee prior to that determination is not forfeited.

AbsenceSoft Policies

Louisiana Living Donor Leave Protection Act is configured in AbsenceSoft with the policy code and naming below:

  • Louisiana Living Donor Leave Protection Act - LA-LDLPA

Legislation Codes and Statutes

The information presented in the guidance relates to the following legislative codes, links to the specific legislation can be found within the 'Resources' section of this document:

  • Louisiana Revised Statutes, Title 40, Sections 1264–1264.1 (La. R.S. §§ 40:1264–1264.1)

Employer Coverage

All private employers with one or more employees in the state of Louisiana, including sole proprietors, corporations, partnerships, limited liability companies, and other entities.1

Exclusions:

  • Municipalities and parishes

  • State agencies and institutions of higher education

  • Other public employers1

Employee Eligibility

Any employee of a covered private employer who submits a written request for leave to serve as a living organ donor or bone marrow donor.2

Exceptions:

  • Independent contractors

Qualifying Absence Reasons and Leave Duration

Leave may be taken for the length of time requested by the employee, up to a maximum of 30 consecutive calendar days beginning the day after the donation surgery. Employers may, at their discretion, grant a leave of absence longer than 30 consecutive calendar days.2

Medical Care

  • Organ Donor: Leave to donate all or part of a human organ, including a liver, pancreas, kidney, intestine, or lung.2

  • Marrow Donor: Leave to donate bone marrow.2

How Leave Can Be Taken

The law requires that leave be taken as a continuous period of up to 30 consecutive calendar days beginning the day after surgery.2

  • Consecutive leave: A continuous, uninterrupted period of leave taken for a single qualifying reason.

Certification Requirements

Employers may require a healthcare provider’s verification that includes the purpose and amount of leave necessary for donation. The timing to return the information is not addressed in the law.

The employee must provide written request for leave to the employer. The law does not address failure to provide the written request stipulations. Employers may want to consult with counsel or other resources on the procedures for their organizations if this obligation is not met.

Pay and Benefits

Leave under this law is unpaid for private employers. Where state pay benefits are involved with other law interactions, such as state-mandated paid leave programs, employers will want to consider where PTO or employer-paid benefit application should occur consistent with established policy.

Use of Paid Time Off (PTO)/Employer Benefits

The statute does not require or prohibit an employee from substituting accrued paid leave during the unpaid leave period. Employers may allow employees to use accrued vacation, sick, or other paid leave at the employer's discretion. Employers should consult internally on their approach.2

Job Protection

Employers may not discharge, demote, suspend, threaten, harass, or discriminate against an employee in any manner for requesting or obtaining a leave of absence under this law.3 Employers will want to consult internally on their return-to-work procedures.

Other Protections

Employers are prohibited from retaliating against employees who request or take leave for organ or bone marrow donation.3

Benefits

The law does not address continuation of group health plan coverage or other benefits during the leave period. This leave does not affect any other employment benefit to which the employee is otherwise entitled.4 Employers should review their benefit plan documents and consult internally on how benefits are maintained during an unpaid leave of absence.

Interaction with Other Laws

Family and Medical Leave Act (FMLA)

FMLA may run concurrently with LA-LDLPA if a serious health condition applies to warrant FMLA.

Louisiana Bone Marrow Donation Leave (LA-DONOR)

LA-DONOR may run concurrently with LA-LDLPA when the leave is being taken for bone marrow purposes.

Employee and Employer Responsibilities

Employee Responsibilities

  • Submit a written request for leave prior to the start of the leave;2

  • Follow the employer's established policies and procedures for time off reporting.

Employer Responsibilities

  • There are no posting or notice requirements under this law;

  • Determine internal practices for any leave extensions beyond 30 consecutive calendar days;

  • Ensure job protections remain if the employee does not qualify as a donor;3 and

  • Review benefit continuation and return-to-work procedures with internal resources or counsel.

Resources

Footnotes:

  1. La. R.S. § 40:1264.1(A)(5)

  2. La. R.S. § 40:1264.1(B)(3)

  3. La. R.S. § 40:1264.1(C)

  4. La. R.S. § 40:1264.1(D)