Bone Marrow and Organ Donation: Arkansas

This Bone Marrow and Organ Donation policy applies to employees in Arkansas under Arkansas Code § 11-3-205 and Arkansas Code § 21-4-215, which set expectations for job-protected time away from work for employees who donate bone marrow or an organ. A clear, Arkansas-specific policy helps you explain how employees should request leave, how documentation works, and how this leave may coordinate with other leave options like the FMLA, so employees can plan ahead and your organization can stay compliant while supporting a life-saving decision.

The History Behind Bone Marrow and Organ Donation Policies in Arkansas

Blood, Bone Marrow, and Organ Donation Leave in Arkansas is a response to common problems associated with donation: it's time-sensitive, recovery can take weeks, and most people won't risk their job to do it. Arkansas lawmakers created a specific job-protected leave right for employees who donate bone marrow or an organ, separate from the usual sick leave or vacation bucket. The headline number is hard to miss, up to 90 days off, unpaid, to handle the procedure and recovery.

That 90-day framework shows up in Arkansas's private-sector employment law (Ark. Code Ann. § 11-3-205), which is the backbone employers typically look to when building a policy like this. It also appears in Arkansas's public employment rules (Ark. Code Ann. § 21-4-215). The leave is unpaid under these statutes, but the laws also leave room for employers to let employees apply accrued paid time off if they want to keep a paycheck coming during recovery.

The other thread running through these laws is verification and planning, because operations still have to run. Arkansas allows employers to ask for reasonable medical documentation tied to the donation and recovery, and it expects notice when it's feasible. Put together, that's the "why" behind the model policy structure you see most often in Arkansas: a defined unpaid leave period, coordination with other leave rights like FMLA when they overlap, and a straightforward documentation process that keeps the focus on the donation, not on gatekeeping.

Which Law is the Bone Marrow and Organ Donation Policy Meant to Comply With?

If you create and distribute a Bone Marrow and Organ Donation Policy for your Arkansas-based employees, it is in an effort to comply with Arkansas's Arkansas Code § 11-3-205 and Arkansas Code § 21-4-215.

How to Write an Arkansas-Specific Bone Marrow and Organ Donation Policy

• Start with "why" and introduce the concept of supporting employees who need time away from work to donate bone marrow or an organ.
• Define the leave as unpaid time off for the donation procedure and recovery, and note how it coordinates with other legally protected leave.
• Explain how employees request this leave in writing.
• Address expectations for scheduling the procedure to reduce workplace disruption while respecting medical needs.
• State whether employees may use paid time off during the leave and clarify that it doesn't increase the total leave available.
• Reserve the right to request health care provider documentation related to the donation before and after the procedure.
• Identify where employees should direct questions and leave requests.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

You can comply without putting this in your handbook or otherwise publishing it to employees, but including it usually pays off. A short policy helps employees find answers without a ticket to HR, and it helps supervisors handle situations the same way across teams. If you're intentionally keeping your handbook lean, this can live in another easy-to-find policy hub, but make sure employees can actually access it and managers know where to point people. 

Other Considerations

The law applies to Arizona employers who have at least 1 employee in the US.

Exceptions

None.