In this subtitle the following words have the meanings indicated. “Eligible employee” means an individual who has requested that an employer provide organ donation leave and who, as of the date that the requested organ donation leave begins, will have been employed by that employer for at least: a 12–month period; and 1,250 hours during the previous 12 months. “Employer” means a person that employs at least 15 individuals in the State. “Organ donation leave” means leave described in § 3–1402(a) of this subtitle.

Subject to subsection (b) of this section, an eligible employee is entitled to the following unpaid organ donation leave: up to 60 business days in any 12–month period to serve as an organ donor; and up to 30 business days in any 12–month period to serve as a bone marrow donor. To receive organ donation leave, the eligible employee shall provide written physician verification to the employer that: the eligible employee is an organ donor or a bone marrow donor; and there is a medical necessity for the donation of the organ or bone marrow. Organ donation leave may not be taken concurrently with any leave taken under the federal Family and Medical Leave Act.

An employer may not consider any period of time during which an eligible employee takes organ donation leave to be a break in the eligible employee’s continuous service for the purpose of the eligible employee’s right to salary adjustments, sick leave, vacation, paid time off, annual leave, or seniority. An eligible employee who returns to work after taking organ donation leave is entitled to be restored by an employer: to the position of employment held by the eligible employee when the organ donation leave began; or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. An employer may deny restoration of the eligible employee’s position of employment under subsection (b) of this section because of conditions unrelated to the exercise of rights established under this subtitle.

During any period that an eligible employee takes organ donation leave, an employer shall maintain coverage of a group health plan for the duration of the organ donation leave and in the same manner that coverage would have been provided if the eligible employee had continued in employment continuously for the duration of the organ donation leave. If an eligible employee works on a commission basis, an employer shall pay to the eligible employee during any period of organ donation leave any commission that becomes due because of work the eligible employee performed before taking organ donation leave.

The Commissioner shall adopt regulations to implement the provisions of this subtitle.

Whenever the Commissioner determines that this subtitle has been violated, the Commissioner shall: try to resolve informally by mediation any issue involved in the violation; or ask the Attorney General to bring an action on behalf of the eligible employee. The Attorney General may bring an action under this section for injunctive relief, damages, or other relief in the county where the violation allegedly occurred.

An employer may not: violate any provision of this subtitle; hinder, delay, or otherwise interfere with the Commissioner or an authorized representative of the Commissioner in the enforcement of this subtitle; or discharge or otherwise discriminate against an employee because the employee has: requested or taken organ donation leave authorized under this subtitle; made a complaint to the employer, the Commissioner, or another person; or testified or will testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle. The Commissioner may bring an action for injunctive relief and damages against a person who violates subsection (a)(1) or (3) of this section.

This subtitle may not be construed to diminish the obligation of an employer to comply with a collective bargaining agreement or an employment benefit program or plan that provides greater organ donation leave rights to employees than the rights established under this subtitle. The rights established for employees under this subtitle may not be diminished by a collective bargaining agreement or an employment benefit program or plan.

This subtitle may not be construed to discourage employers from adopting or retaining leave policies more generous than policies that comply with this subtitle.