Bone Marrow and Organ Donation: New Jersey

This Bone Marrow and Organ Donation policy applies to covered individuals in New Jersey under the Temporary Disability Benefits Law and related Temporary Disability Insurance (TDI) provisions, including job restoration rights when an employee has a donation-related "period of disability" and returns to work. It also helps your organization set clear expectations for notice, documentation, and return-to-work planning, so employees can take needed time for organ or bone marrow donation while you stay consistent, compliant, and prepared to coordinate TDI benefits and reinstatement obligations.

The History Behind Bone Marrow and Organ Donation Policies in New Jersey

Blood, Bone Marrow, and Organ Donation Leave in New Jersey exists because donation is time sensitive, recovery can take weeks, and employees should not have to risk their jobs to do it. New Jersey already had a wage replacement system through Temporary Disability Insurance (TDI) that mostly answered the paycheck question, but not the "Will I still have my job when I come back?" question. Donation is voluntary, but the time off is medically needed, and lawmakers started treating it that way.

In 2009, New Jersey put a clearer job-protection rule on top of its Temporary Disability Benefits Law by tying organ and bone marrow donation to a "period of disability." That choice framed donation leave as a medical disability event, not a special perk, so the same machinery that already handled disability claims could also support job restoration. The law also created a carve-out for employers where if the employee would have been laid off anyway in a bona fide reduction in force, the restoration right doesn't block that.

The result is the approach you see in this policy: get notice early, allow reasonable medical documentation, and restore the employee to the same or an equivalent role when the disability period ends. It's a little unusual, in a good way, because it pairs a public benefit program (TDI wage replacement) with a return-to-work right that keeps donation from becoming a career gamble. For New Jersey employers, the history explains the "why" behind the details: donation leave sits at the intersection of benefits administration and job-protected time away, and the state chose to connect the two instead of leaving employees to piece it together on their own.

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 New Jersey-based employees, it is in an effort to comply with New Jersey's Temporary Disability Benefits Law, organ and bone marrow donation benefits (N.J. Stat. Ann. § 43:21-39.1) and related provisions of New Jersey's Temporary Disability Benefits Law (N.J. Stat. Ann. § 43:21-27) and Temporary Disability Benefits Law (N.J. Stat. Ann. Title 43, Chapter 21).

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

• Start with "why" and introduce the concept of supporting employees who need time away for bone marrow or organ donation.
• Explain that New Jersey disability rules may provide job restoration rights for a donation-related disability period.
• Require employees to give notice when they expect to take donation-related time away.
• State that your organization may request health care provider documentation to confirm donor status and the expected disability period.
• Commit to restoring the employee to the same or an equivalent role after a qualifying donation-related disability period.
• Note that job restoration doesn't apply when the employee would have lost the job anyway due to a legitimate layoff or reduction in force.
• Point employees to New Jersey temporary disability wage replacement benefits as a possible income support option during a qualifying disability period.
• Cross-reference your disability benefits policy for the wage replacement application process.

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. 

This is a "depends on your workplace" policy. Include it if you offer the benefit, operate in a setting where this comes up, have a state-specific rule that differs from your national approach, or you've had issues in this area before. If you already have a clear all-employee policy that covers the same ground (and it meets New Jersey's requirements), you may not need a separate policy here. 

Other Considerations

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

Exceptions

None.