Organ Donation Leave Laws in Ohio

The Family and Medical Leave Act (FMLA), codified at 29 U.S.C. Section 2601, does not explicitly address organ donation leave. However, FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for serious health conditions. Organ donation could qualify as a serious health condition under FMLA's definition if it involves inpatient hospital care or continuing treatment by a healthcare provider.

Covered employers under FMLA are those with 50 or more employees within 75 miles of the worksite. Eligible employees must have worked there for at least 12 months and worked at least 1,250 hours in the past 12 months. The EEOC enforces anti-retaliation protections for employees exercising FMLA rights, though the Department of Labor administers FMLA directly.

Federally, there is no specific mandate for employers to grant organ donation leave, and no federal law provides paid leave specifically for this purpose. Employees must rely on state law, company policy, or FMLA eligibility for protection.

Ohio Revised Code Section 4113.52 provides explicit protections for organ and bone marrow donors in the private sector. This statute prohibits employers from discharging, disciplining, or otherwise retaliating against employees who take time off to serve as living organ or bone marrow donors. The law applies to all private employers in Ohio, regardless of size.

Unlike federal FMLA, Ohio's statute does not require employers to provide paid leave for organ donation. Private employees have the right to take unpaid leave without penalty, but employers are not obligated to compensate them during that time. The statute provides no specific number of days or time limit; it simply protects the employee's right to donate without retaliation.

Ohio Revised Code Section 124.136 provides significantly stronger protections for public employees. State and local government employees who donate organs or bone marrow are entitled to paid leave. Public employers must grant up to seven days of paid leave for organ donation and up to three days of paid leave for bone marrow donation, at the employee's regular rate of pay. This is a substantial difference from the private sector protections.

Unlike some other states, Ohio does not define a specific process or form for requesting organ donation leave, nor does it require advance notice. The statute simply establishes the right to take leave without retaliation. Employers cannot condition organ donation on written approval, medical certification, or other burdensome requirements beyond what is reasonable. State law is weaker than FMLA in that it provides no guaranteed paid leave for private employees, but it does provide absolute anti-retaliation protection regardless of employer size.

Ohio law protects organ donation leave but includes important exceptions and limitations. First, the protection applies only to living organ or bone marrow donation—cadaveric donation does not qualify for leave protection because it does not require time off from the donor. Second, the statute does not require paid leave for private employees; the exception applies to public employees only, who receive 7 days paid leave for organ donation.

Employers may impose reasonable requirements before granting unpaid leave, such as requesting medical documentation that an organ donation procedure is scheduled. However, employers cannot require written approval or make approval conditional; the statute establishes an absolute right to take leave. Employers may also coordinate organ donation leave with other leave policies, such as vacation or sick leave, though they cannot deny the leave outright.

The statute's anti-retaliation protection has limits. An employer can still discharge an employee for legitimate, non-retaliatory reasons (poor performance, misconduct unrelated to donation, economic layoffs) even if the employee recently donated an organ. The protection covers retaliation specifically because of the donation itself. Employers are not required to hold an employee's job open for an extended recovery period beyond what is reasonable for the surgery; they may require the employee to return to work within a reasonable timeframe or risk job loss for excessive absenteeism.

Small employers with fewer than 50 employees are not covered by FMLA, but they remain subject to Ohio Revised Code Section 4113.52's anti-retaliation protections. At-will employment doctrine applies in Ohio, meaning employers can generally terminate employees at will; however, termination in retaliation for organ donation is an exception to at-will employment and is unlawful under state law.

Step 1: Document everything related to your organ donation and leave request. Keep a copy of your employer's written organ donation policy or employee handbook. If your employer denies leave or retaliates, document the dates, times, and names of anyone involved in the denial or retaliation. Save emails, text messages, performance reviews, and any written communication from your employer about the organ donation or your time off. Record the date you notified your employer of the planned surgery and the date the surgery occurred.

Step 2: Understand your employer's internal complaint process. Review your employee handbook for any grievance or complaint procedure. Many employers have an HR department or designated employee relations contact. Before filing an external complaint, consider whether notifying your HR department or supervisor's manager in writing about the alleged retaliation is advisable. Send a written message (email is acceptable) explaining that you took or requested leave to donate an organ under Ohio Revised Code Section 4113.52 and describe the alleged violation or retaliation. Keep a copy for your records. Internal complaints do not stop the clock on filing deadlines, so proceed to Step 3 simultaneously if you believe a violation has occurred.

Step 3: File a complaint with the appropriate agency. For private sector employers, file a complaint with the Ohio Civil Rights Commission (OCRC), which enforces Ohio Revised Code Section 4113.52. The OCRC accepts complaints online at www.crc.ohio.gov or by mail at 30 East Broad Street, 5th Floor, Columbus, OH 43215. You may also call 614-466-2785 for filing assistance. There is no strict filing deadline specified in the statute, but Ohio law generally recognizes a one-year statute of limitations for retaliation claims. File as soon as possible to preserve evidence and witnesses. In your complaint, include: (1) your name, address, and contact information; (2) your employer's name and address; (3) the date you donated or attempted to donate an organ; (4) the date of the alleged retaliation or denial of leave; (5) a detailed description of what happened; and (6) copies of supporting documentation.

Step 4: Understand the investigation process. After you file with the OCRC, the agency will assign an investigator and notify your employer of the complaint. Your employer will have an opportunity to respond. The OCRC will conduct an investigation, which typically involves interviews with you, your employer, and relevant witnesses. The process usually takes 2-6 months, though complex cases may take longer. You will be asked to provide additional documentation if requested. The OCRC will issue a determination letter stating whether probable cause exists to believe your employer violated the law. If probable cause is found, the OCRC will attempt to resolve the matter through conciliation. If conciliation fails, you have the right to request a public hearing before an administrative law judge.

Step 5: Consult an employment attorney if the investigation does not resolve your claim or if you face ongoing retaliation. An Ohio employment lawyer experienced in discrimination and retaliation law can evaluate whether you have a strong case and advise you on filing a lawsuit if administrative remedies are exhausted. Many employment attorneys work on contingency, meaning you pay no upfront fees. An attorney can also advise whether you may be eligible for additional protections under federal FMLA if your employer has 50+ employees and you meet eligibility criteria. Do not delay—consulting an attorney early can strengthen your case and prevent further employer retaliation.