Organ Donors Qualify for Leave under the FMLA

This post has nothing to do with workers’ compensation. It has to do with FMLA leave, which is another hat some readers of this blog wear as well.  I’m sure you’ve all heard over and over again about the “Bermuda Triangle” of Workers’ Comp/ADA/FMLA so I won’t belabor that point.  Suffice it to say that when dealing with an injured worker, you ignore ADA and FMLA issues at your own peril.

In any event, since I decided to enjoy the labor day weekend rather than scour the internet for exciting workers’ compensation issues (is that an oxymoron?), I thought I  would just share the following opinion letter  issued on August 28, 2018 by the Department of Labor. The DOL found that a covered employee:

      • The employee must have been employed with the company for 12 months;
      • The employee must have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave;
      • The employer is one who employs 50 or more employees within a 75-mile radius of the worksite

qualifies for FMLA leave for organ donation and post-operative recovery, even when the employee seeking the leave is otherwise in good health. According to the letter, organ donation constitutes a “serious health condition” which qualifies for leave under the FMLA.

So, qualifying employers, remember that if you have an employee who is kind hearted enough to donate one of their own organs to another human being, allow them to take FMLA leave to recover.  I mean seriously, isn’t that the right thing to do anyway?

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