< Back to H.R. 4008 (107th Congress, 2001–2002)

Text of the Living Organ Donor Job Security Act of 2002

This bill was introduced on March 19, 2002, in a previous session of Congress, but was not enacted. The text of the bill below is as of Mar 19, 2002 (Introduced).

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HR 4008 IH

107th CONGRESS

2d Session

H. R. 4008

To amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to allow leave for individuals who provide living organ donations.

IN THE HOUSE OF REPRESENTATIVES

MARCH 19, 2002

Mrs. THURMAN (for herself and Mr. ANDREWS) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Government Reform and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to allow leave for individuals who provide living organ donations.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Living Organ Donor Job Security Act of 2002’.

SEC. 2. LEAVE FOR LIVING ORGAN DONATION.

    (a) LEAVE REQUIREMENT- Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) and section 6382(a)(1) of title 5, United States Code, are each amended by adding at the end the following new subparagraph:

        ‘(E) In order to provide a living organ donation, including time spent for--

          ‘(i) tests used to determine whether the eligible employee is medically suitable for live organ donation;

          ‘(ii) physical, psychological, and social evaluations of the live donor;

          ‘(iii) pretransplant outpatient services;

          ‘(iv) postoperative inpatient and outpatient transplantation services;

          ‘(v) travel in connection with tests, evaluations, and services described in clauses (i) through (iv); and

          ‘(vi) recuperation consistent with the type of transplant performed.’.

    (b) CERTIFICATION-

      (1) NON-FEDERAL EMPLOYEES- The Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) is further amended by striking ‘section 102(a)(1)(D)’ and inserting ‘subparagraph (D) or (E) of section 102(a)(1)’ in the following sections:

        (A) Section 103(b)(4)(B) (29 U.S.C. 2613(b)(4)(B)).

        (B) Section 104(c)(3)(A)(ii) (29 U.S.C. 2614(c)(3)(A)(ii)).

      (2) FEDERAL EMPLOYEES- Section 6383(b)(4)(B) of title 5, United States Code is amended by striking ‘section 6382(a)(1)(D)’ and inserting ‘subparagraph (D) or (E) of section 6382(a)(1)’.

    (c) CONFORMING AMENDMENTS-

      (1) NON-FEDERAL EMPLOYEES- The Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) is further amended--

        (A) by striking ‘(C) or (D)’ each place it appears and inserting ‘(C), (D), or (E)’ in--

          (i) section 102(b)(1) and (2) (29 U.S.C. 2612(b)(1) and (2));

          (ii) section 102(e)(2) (29 U.S.C. 2612(e)(2));

          (iii) section 103(c)(1) (29 U.S.C. 2613(c)(1));

          (iv) section 104(c)(2)(B)(i) (29 U.S.C. 2614(c)(2)(B)(i)); and

          (v) section 108(c)(1) (29 U.S.C. 2618(c)(1));

        (B) by inserting ‘(including living organ donation)’ after ‘planned medical treatment’ in--

          (i) section 102(b)(2) and (e)(2) (29 U.S.C. 2612(b)(2) and (e)(2));

          (ii) section 103(b)(5) (29 U.S.C. 2613(b)(5)); and

          (iii) section 108(c)(1) (29 U.S.C. 2618(c)(1)), in the matter preceding subparagraph (A); and

        (C) in section 104(a)(4) (29 U.S.C. 2614(a)(4)), by striking ‘section 102(a)(1)(D)’ and inserting ‘subparagraph (D) or (E) of section 102(a)(1)’.

      (2) FEDERAL EMPLOYEES- Title 5, United States Code, is further amended--

        (A) by striking ‘(C) or (D)’ each place it appears and inserting ‘(C), (D), or (E)’ in--

          (i) section 6382(b)(2) and (e)(2); and

          (ii) section 6383(a);

        (B) in section 6382(d), by striking ‘or (D)’ and inserting ‘(D), or (E)’;

        (C) in section 6833(b)(5), by inserting ‘(including living organ donation)’ after ‘planned medical treatment’; and

        (D) in section 6384(d), by striking ‘section 6382(a)(1)(D)’ and inserting ‘subparagraph (D) or (E) of section 6382(a)(1)’.