Effective June 28, 2021, the Living Donor Protection Act requires employers subject to the federal Family and Medical Leave Act (FMLA) to provide an eligible employee with the same leave to which they are entitled under the FMLA for preparation and recovery needed for surgery related to organ or tissue donation by or for the eligible employee or the eligible employee’s spouse, child or parent.
Of note, the US Department of Labor (DOL) issued an 2018 opinion letter clarifying that organ donation surgery and subsequent recovery can qualify an otherwise healthy donor for federal FMLA leave. Because employer coverage and employee eligibility under the PA Living Donor Protection Act is based upon the federal FMLA’s definition, the new PA Living Donor Protection Act will run concurrently with FMLA, where applicable.
