Organ Donation and FMLA Protection

Introduction

Organ donation is a selfless act, but it involves major surgery. Potential donors often ask: "Is this covered by FMLA even though it is elective?"

Is Donation "Medically Necessary"?

Yes. While you are choosing to donate, the surgery itself requires inpatient care and a recovery period where you are unable to work.

Department of Labor opinion letters have clarified that **organ donation qualifies as a serious health condition**.

What is Covered

1. **Testing/Matching:** Time off for compatibility testing (often intermittent leave). 2. **Surgery:** The hospital stay (inpatient care). 3. **Recovery:** The weeks needed to heal until you are cleared to work.

Job Protection

Your employer cannot deny leave because the surgery is "elective." Once you are under the care of a doctor for the procedure, standard FMLA protections apply.

State Laws for Donors

Some states go even further. States like **California**, **New York**, and others have specific statutes granting additional leave for organ and bone marrow donors, sometimes **paid** or separate from FMLA banks.

Conclusion

Don't let job fear stop you from saving a life. FMLA protects living donors just as it protects any other patient undergoing surgery.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Check your specific state laws for additional donor protections.*