Pennsylvania Enacts Organ Donor Leave Requirements

Pennsylvania has joined a growing list of states providing statutory leave to employees who participate in organ donation. Effective June 26, 2021, the Living Donor Protection Act requires employers covered by the federal Family and Medical Leave Act (FMLA) to grant their FMLA eligible employees leave to prepare for and recover from organ and tissue donation surgery (PA Donor Leave).

Covered Employers

Employers are required to provide PA Donor Leave if they have 50 or more employees within a 75 mile radius during at least 20 workweeks in the current or previous calendar year.

Covered Employees

Employees are eligible for PA Donor leave if they:

• have worked for the covered employer for at least 12 months;
• have worked for at least 1,250 hours during the previous 12 months; and
• their employer employs at least 50 employees within 75 miles of their worksite.

What are the Qualifying Reasons for Donor Leave?

The leave is available for necessary preparation and recovery from surgery related to organ or tissue donation by or for the employee, their spouse, child or parent.

Can an Employer Request Documentation before Providing Donor Leave?

Employers may require written documentation regarding the preparation and recovery from the surgery.

Does PA Donor Leave run Concurrently with FMLA leave?

Yes, PA Donor Leave runs concurrently with FMLA leave.

Employer Considerations

Covered Employers should be aware of the availability of PA Donor Leave and ensure that any leave policies are updated, as necessary.

Additional Resources

• Pennsylvania Living Donor Protection Act
• Sequoia Foreword: California Extends Organ Donor Leave

Lizet Ramirez – Lizet is a Client Compliance Manager for Sequoia One, where she works with our clients to optimize and streamline benefits compliance. In her free time, Lizet enjoys live music, travel, hiking and spa days.