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Bone Marrow and Organ Donation

Bone Marrow and Organ Donation policies explain when employees can take protected time off to donate bone marrow, a living organ, or sometimes blood, what notice and medical documentation you can require, whether leave is paid or unpaid and how it coordinates with FMLA and state programs, and the employee's right to continued benefits, reinstatement, and freedom from retaliation.

How to Write a Bone Marrow and Organ Donation Policy

  • Start with "why" and introduce the concept, purpose, etc.
  • Define what the leave covers, such as donation-related testing, procedures, and recovery.
  • Explain who's eligible for leave under the policy.
  • State whether leave is paid or unpaid, and whether employees can or must use accrued paid time off.
  • Describe how this leave coordinates with other leave programs.
  • Set expectations for requesting leave and providing notice.
  • Describe what medical documentation you may require to support the leave request.
  • Confirm benefits continuation during leave, including health coverage.
  • Explain return-to-work and job restoration rights after leave ends.
  • Include a non-retaliation and non-discrimination commitment related to requesting or taking leave.

 

For advice on writing a Bone Marrow and Organ Donation policy in a specific jurisdiction, see below.

How to Write a Bone Marrow and Organ Donation Policy for a Specific Jurisdiction

State-Specific Bone Marrow and Organ Donation Policies

Reminder

The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.