Organ Donation Leave Laws in Colorado

Colorado Revised Statutes section 24-34-402.7 provides significantly stronger protection than federal law by establishing an explicit, paid leave right for organ and bone marrow donation. The state law applies to all employers with six or more employees, a much lower threshold than FMLA's 50-employee requirement. Colorado law covers both organ donation (kidney, liver, portion of pancreas, portion of lung, portion of intestine) and bone marrow donation, including both autologous and allogeneic donation.

Under Colorado law, eligible employees are entitled to a reasonable amount of paid leave for the donation procedure itself and for recovery from the donation. The statute does not specify an exact number of days, but 'reasonable' leave has been interpreted to accommodate the typical medical timeline for the respective procedure and recovery period. This is stronger than federal FMLA because: (1) it applies to smaller employers; (2) it requires payment; and (3) it is dedicated specifically to donation rather than buried within general serious health condition coverage.

Colorado law explicitly prohibits employers from requiring employees to use accrued paid leave, vacation, or sick leave to cover donation leave—the paid leave granted under this statute is separate and additional. Employers cannot retaliate against, discriminate against, threaten, or otherwise penalize an employee for taking organ donation leave or for volunteering as a donor. An employee who is discharged or otherwise adversely treated for exercising this right may bring a civil action for damages, lost wages, benefits, and attorney fees.

The law defines covered employees as those employed in Colorado; employees working out-of-state for a Colorado employer may face coverage questions that require case-by-case analysis. Employers may require reasonable medical certification of the need for leave and the anticipated duration.

The Colorado organ donation leave law contains limited exceptions. Employers with fewer than six employees are not covered and are not required to provide paid donation leave, though they may choose to do so. The law does not apply to federal employees, who are instead covered by the federal government's own donation leave policies, or to employees of the federal government working in Colorado.

Employers may deny or delay leave if the employee fails to provide reasonable advance notice and the employer can demonstrate undue hardship or operational disruption from granting leave on short notice. However, in emergency or urgent donation situations (e.g., matching a waiting list candidate), the reasonableness standard is adjusted to account for the compressed timeline, and the employer's burden to prove undue hardship is higher.

The law does not protect an employee who falsely represents intent or medical status to obtain leave; employers may investigate and require independent medical certification. Additionally, the statute does not prohibit employers from requiring that employees exhaust FMLA entitlements concurrently if the employee is also FMLA-eligible, although the donation leave benefit itself remains separate and paid.

Employers are not required to pay for the donation procedure or related medical care—only for the time off. An employee on organ donation leave remains an employee for benefits purposes during the leave period, and the leave does not count against accrued paid time off balances. The law does not create a new claim if the employer fires an employee during the leave period for an unrelated reason documented before the leave request.

Step 1: Document Your Donation. Obtain written confirmation from your medical provider that you are a candidate for organ or bone marrow donation, the anticipated date of the procedure, and the estimated recovery period. Keep records of all communications with your employer regarding the donation, including emails, letters, and notes of verbal conversations with dates, times, and names of persons present. Document your work performance before and after requesting leave to establish a baseline if retaliation is later claimed.

Step 2: Internal Complaint and Request for Leave. Notify your HR department or supervisor in writing (email is acceptable) that you will be donating and require paid leave under Colorado Revised Statutes § 24-34-402.7. Provide the procedure date and estimated duration of leave needed. Offer to provide medical certification if requested. Keep copies of all correspondence. Follow your employer's internal leave request procedures, but do not accept a denial—instead, escalate to HR and, if necessary, inform the employer in writing that the statutory right to leave exists. Document any statements by management suggesting retaliation or suggesting you use your own PTO.

Step 3: File with the Colorado Department of Labor and Employment (CDLE). If the employer denies leave, retaliates, or requires you to use accrued leave in violation of the statute, file a complaint with the CDLE's Division of Labor Standards and Statistics. Visit www.colorado.gov/cdle and navigate to the wage and hour complaints section. You will need: (1) your name, contact information, and job title; (2) your employer's name, address, and number of employees; (3) dates of the donation procedure and leave request; (4) medical documentation of the donation; (5) copies of all correspondence with the employer; (6) a description of the denial or retaliatory action; and (7) information about damages (lost wages, lost benefits). There is no statutory filing deadline stated in the organ donation statute, but Colorado's general personal injury statute of limitations is three years, and administrative complaints should be filed promptly to preserve evidence.

Step 4: Investigation and Potential Resolution. The CDLE will review your complaint for legal sufficiency. If it alleges a violation of § 24-34-402.7, the division may investigate the employer's records, payroll, and personnel files. The investigation typically takes 2–4 months. The employer will be notified and given an opportunity to respond. The CDLE may attempt to resolve the matter informally or formally determine whether a violation occurred. If the CDLE finds no violation, you may still pursue a civil lawsuit. The CDLE process is not exclusive, and many employees consult an attorney simultaneously.

Step 5: Consult an Employment Attorney. Contact a Colorado employment law attorney specializing in wage and hour or wrongful termination disputes. A consultation is often free or low-cost. Bring all documentation: leave requests, denial letters, medical records, payroll stubs, and records of any adverse employment action. An attorney will advise whether to pursue a civil action in Colorado state court under § 24-34-402.7 for damages, lost wages, lost benefits, and attorney fees. Colorado law allows employees to recover attorney fees and court costs if they prevail, making private litigation a viable option. Your attorney can also advise whether your case overlaps with retaliation, discrimination, or wrongful termination claims that may strengthen your position.