Organ Donation Leave Laws in Alabama

Federal law does not mandate paid leave for organ or bone marrow donation. The federal government has not enacted comprehensive legislation requiring employers to provide time off for living organ donors or bone marrow donors. Some federal employees may receive leave under agency-specific policies or under the Federal Employees Health Benefits Program, but there is no statutory requirement under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), or the Family and Medical Leave Act (29 U.S.C. § 2601 et seq.) that specifically protects organ donation leave.

The FMLA may provide up to 12 weeks of unpaid leave for the employee's own serious health condition, which could include recovery from organ donation surgery at a covered employer (50+ employees). However, this is unpaid leave and requires 30 days' notice where foreseeable. FMLA does not provide paid leave specifically for donation. Some states, including Alabama, have filled this gap by enacting their own organ donation leave laws that provide paid time off.

Alabama Code § 25-5-74 establishes a state-specific paid leave requirement for organ and bone marrow donation that is stronger than any federal baseline. Alabama's law applies to all employers in the state with no minimum employee threshold, meaning even small employers are covered.

Under Alabama law, an employee who is a living donor of an organ or bone marrow is entitled to paid leave of up to five business days per donation. This is paid leave—the employee's wages must continue during the absence. The law protects both organ donors (such as kidney or liver donors) and bone marrow donors. The donation may be to a family member, friend, or unrelated person; Alabama law does not restrict the recipient.

To qualify, the employee must provide medical certification from a physician that the employee is donating an organ or bone marrow and the time off is medically necessary. The employer may require this documentation but cannot require the employee to disclose the identity of the recipient or specific medical details beyond the fact of donation and necessity for leave.

Alabama's law is stronger than federal law because it guarantees paid leave (not unpaid), applies to all employers regardless of size, and explicitly protects organ donors. Federal FMLA protections are unpaid, apply only to employers with 50+ employees, and cover only the employee's own serious health condition recovery. Alabama's law does not run concurrently with FMLA; an employee at a covered employer could use both FMLA (unpaid) and Alabama paid leave simultaneously.

Employers cannot penalize an employee for using organ donation leave, cannot subtract the leave from sick or personal time (unless the employee chooses to do so), and cannot retaliate against the employee. Alabama Code § 25-5-74(c) explicitly prohibits discrimination or retaliation based on an employee's use of organ donation leave.

Alabama Code § 25-5-74 contains several important exceptions and limitations. First, the leave is limited to five business days per donation; if the recovery period exceeds five business days, the employee may be required to use accrued sick leave, personal leave, or unpaid leave beyond the five-day statutory minimum. Second, the employer may require reasonable medical certification from a licensed physician confirming that the employee is donating an organ or bone marrow and that the absence is medically necessary; this is a key employer defense against fraudulent leave claims.

Third, the law applies only to living donation, not to deceased donation (which does not require the donor's personal leave because the donor is deceased). Fourth, some employment relationships may fall outside the scope of the law. Employees covered by collective bargaining agreements may have different leave rights negotiated in their contracts, which may supersede or supplement the statutory entitlement.

Fifth, the law does not prevent an employer from requiring the employee to use the leave in a manner consistent with normal business operations, such as requiring notice where practicable. However, the employer cannot deny the leave because of operational inconvenience. Sixth, if the employee fails to provide medical certification or provides false certification, the employer may deny leave and potentially pursue disciplinary action. Finally, at-will employment principles still apply; the employer can terminate the employee for any other lawful reason unrelated to the organ donation leave, but cannot use donation leave as a pretext for termination.

Step 1 — Document the donation and need for leave: Obtain written certification from your physician that you are donating an organ or bone marrow and that time off is medically necessary. Keep a copy for your records. Document the date of the donation or planned donation, the physician's name and license number, and the medical certification itself. Do not disclose the identity of the recipient or sensitive medical details to your employer; provide only the certification of donation and medical necessity.

Step 2 — Notify your employer and make an internal request: Inform your supervisor or human resources department of your need for organ donation leave as soon as practicable. Provide the medical certification. Most employers will grant the leave without dispute if proper certification is provided. Request in writing (email is acceptable) that your leave be designated as organ donation leave under Alabama Code § 25-5-74 and that it be paid leave, not deducted from sick or personal time. Keep a copy of your request and any employer response.

Step 3 — File a complaint if the employer denies or penalizes you: If your employer denies the leave, fails to pay you during the leave, deducts it from other leave balances without your consent, or retaliates against you for requesting or using organ donation leave, file a complaint with the Alabama Department of Labor (https://www.labor.alabama.gov/). Contact the Wage and Hour Division at (334) 242-8990. You can also file a private lawsuit directly in Alabama state court under Alabama Code § 25-5-74(d), which provides a private right of action. There is no specific filing deadline stated in the statute, but Alabama's general statute of limitations for breach of contract is six years, and for wage claims is typically one to three years depending on the claim theory.

Step 4 — Understand the investigation and legal process: The Alabama Department of Labor will investigate your complaint, review the employer's records, and determine whether the employer violated § 25-5-74. The agency may require the employer to provide evidence of the medical certification received and the leave granted or denied. If the department finds a violation, it may order the employer to pay back wages (five days of pay), reinstate you if you were terminated, or other remedies. Alternatively, if you file a private lawsuit, you will need to prove that (a) you are an employee covered by the law, (b) you provided medical certification of organ donation, (c) you requested leave, and (d) your employer denied the leave or retaliated against you. The burden is on the employer to prove it had a legitimate, non-retaliatory reason for any adverse action.

Step 5 — Consult an employment attorney if necessary: If the employer denies leave, terminates you, or retaliates in any way, consult an Alabama employment law attorney. An attorney can review your certification, your request, and the employer's response; advise you on retaliation claims; and represent you in a complaint with the Alabama Department of Labor or a private lawsuit. Alabama allows recovery of attorney's fees and costs in some employment law cases, so many attorneys will take these cases on contingency. Contact your state bar or a local legal aid organization for referrals.