Bone Marrow and Organ Donation: Maryland

This Bone Marrow and Organ Donation policy applies to employees in Maryland under Maryland's Organ Donor Leave Law (Md. Code, Labor and Employment Article, §§ 3-1401 through 3-1409), and it sets clear expectations for eligibility, unpaid leave amounts for organ and bone marrow donation, notice and verification, benefit continuation, reinstatement rights, and non-retaliation so your organization can support employees who choose to donate while staying compliant.

The History Behind Bone Marrow and Organ Donation Policies in Maryland

Blood, Bone Marrow, and Organ Donation Leave became a real workplace issue once transplant medicine stopped being rare and started being routine. Employees who wanted to donate often needed weeks away from work, and many did not qualify for federal leave. The federal Family and Medical Leave Act (FMLA) covers some employees, but it does not reach everyone and it does not treat donation leave as its own category, which left a predictable gap for donors and for HR teams trying to apply consistent rules.

Maryland filled that gap with a specific organ and bone marrow donation leave law in the Labor and Employment Article, Sections 3-1401 through 3-1409. The statute set clear eligibility rules that mirror familiar FMLA thresholds (12 months of employment and 1,250 hours worked). It also set specific leave amounts, up to 60 business days for organ donation and up to 30 business days for bone marrow donation, and it required job restoration and continuation of health benefits on the same terms as if the employee had stayed actively employed.

Maryland's law has enough requirements that handling requests "case by case" can create avoidable risk. A written policy gives HR a consistent process for notice and medical documentation, so you can request what the law allows without straying into disability related territory. It also helps managers understand the anti retaliation rules and what they can, and cannot, do when an employee requests leave to donate.

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 Maryland-based employees, it is in an effort to comply with Maryland's Labor and Employment Article, Title 3, Subtitle 14 (Organ Donation Leave), § 3-1401, § 3-1402, § 3-1403, § 3-1404, § 3-1405, § 3-1406, § 3-1407, § 3-1408, § 3-1409.

How to Write a Maryland-Specific Bone Marrow and Organ Donation Policy

• Start with "why" and introduce the concept of job-protected leave for employees who donate bone marrow or an organ.
• Define who is eligible for donation leave.
• Explain the amount of unpaid leave available for organ donation and for bone marrow donation.
• Clarify how donation leave interacts with other leave rights.
• Describe the notice and documentation expectations for requesting donation leave.
• State how health insurance benefits are handled during donation leave.
• Confirm reinstatement rights and continuity of employment-related benefits after returning from leave.
• Include a non-discrimination and anti-retaliation commitment for using donation leave.

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. 

Even when notice is not required, this is still the kind of policy most employers should put in their handbook or otherwise publish to employees. It answers a question employees will ask, sets expectations, and gives managers a consistent script. If you don't include it, you'll end up explaining it ad hoc, and that's when inconsistency, resentment, and accidental noncompliance shows up. 

Other Considerations

The law applies to Maryland employers who have at least 15 employees working in Maryland.

Exceptions

None.