Florida Senate - 2026                                     SB 390
       
       
        
       By Senator Harrell
       
       
       
       
       
       31-00550A-26                                           2026390__
    1                        A bill to be entitled                      
    2         An act relating to living organ donation; creating s.
    3         110.1185, F.S.; defining the term “living organ
    4         donor”; requiring state agencies to grant
    5         administrative leave, not to exceed a specified number
    6         of days, to allow an employee to serve as a living
    7         organ donor; specifying that such leave is in addition
    8         to other leave authorized by law; creating s. 381.865,
    9         F.S.; defining the terms “employer” and “living organ
   10         donor”; requiring employers to grant an unpaid leave
   11         of absence to allow an employee to serve as a living
   12         organ donor under certain circumstances; specifying
   13         the length of such leave of absence; authorizing
   14         employers to grant paid or unpaid leave for a period
   15         longer than the required period of time; providing an
   16         effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 110.1185, Florida Statutes, is created
   21  to read:
   22         110.1185 Administrative leave for living organ donation.—
   23         (1) As used in this section, the term “living organ donor”
   24  means a person who donates all or part of a human organ while he
   25  or she is alive for transplantation into another person.
   26         (2) Each state agency shall grant administrative leave,
   27  with pay, not to exceed 30 working days, to allow an employee to
   28  serve as a living organ donor. Administrative leave granted
   29  under this section is in addition to any medical, personal, or
   30  other leave otherwise authorized by law.
   31         Section 2. Section 381.865, Florida Statutes, is created to
   32  read:
   33         381.865 Leave for living organ donation by employees of
   34  private employers and local governments.—
   35         (1) As used in this section, the term:
   36         (a) “Employer” means a private employer, including a sole
   37  proprietor, partnership, corporation, limited liability company,
   38  or other entity, or a political subdivision of the state, that
   39  employs one or more employees.
   40         (b) “Living organ donor” means a person who donates all or
   41  part of a human organ while he or she is alive for
   42  transplantation into another person.
   43         (2)(a) In addition to any medical, personal, or other paid
   44  leave provided by the employer, an employer shall grant an
   45  employee an unpaid leave of absence to allow the employee to
   46  serve as a living organ donor if the employee submits a written
   47  request for such leave.
   48         (b) The length of the leave of absence must be equal to the
   49  time requested by the employee or 30 working days, whichever is
   50  less.
   51         (c) An employer may grant paid or unpaid leave for a period
   52  longer than 30 working days.
   53         Section 3. This act shall take effect July 1, 2026.