Organ Donation Leave Laws in Pennsylvania

Federal law does not establish a right to organ donation leave. The federal Family and Medical Leave Act (29 U.S.C. § 2601) covers only certain serious health conditions of the employee or a family member, and organ donation by a healthy employee is not typically considered a qualifying event under FMLA. The Uniform Anatomical Gift Act (42 U.S.C. § 4301 et seq.) governs donation procedures and consent but does not mandate employment leave.

Some employers voluntarily grant donation leave as part of health benefits, but absent state law, there is no federal guarantee. The EEOC does not enforce organ donation leave rights. Enforcement falls to state labor departments where state law provides protection. Employees in states without organ donation leave laws have no federal recourse unless the employer's refusal to grant leave violates another protected class status (e.g., religious discrimination), which would trigger Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e).

Pennsylvania provides one of the strongest organ donation leave protections in the nation under the Anatomical Gift Act amendments (43 Pa.C.S. § 4725 and § 4726). Pennsylvania law applies to all employers with 20 or more employees, making it broader than some federal standards but narrower than states with no employee threshold.

Under Pennsylvania law, employees are entitled to up to 30 days of unpaid leave to donate an organ (including bone marrow) and up to five additional days for recovery or if complications occur. This is significantly stronger than the federal baseline, which provides no statutory right at all. The leave is unpaid unless the employer chooses to pay, distinguishing it from paid leave statutes but guaranteeing the unpaid right.

Pennsylvania law covers both living donation (the most common form) and organ transplant-related leave. Employers with fewer than 20 employees are not covered by this statute, though such employers cannot retaliate under common law principles if they grant leave voluntarily.

A key state-specific protection is that employers must grant leave for donation recovery even if the donation procedure was performed outside Pennsylvania or by a non-Pennsylvania facility. The employee must provide reasonable advance notice when practicable and medical certification of the donation intent and expected leave duration. Employers cannot require the employee to use accrued paid leave first; organ donation leave runs concurrently with other leave only if the employer policy explicitly requires it.

Retaliation is explicitly prohibited under § 4725(d): employers cannot discharge, discipline, threaten, or discriminate against an employee for exercising organ donation leave rights. Remedies include reinstatement, back pay, and damages for willful violations.

The 20-employee threshold excludes small businesses from the statutory requirement, though such employers can still be liable for retaliation if they terminate an employee for donation under common law wrongful termination theories. Exempt employers can still face liability if the refusal is pretextual for discrimination (e.g., the real reason is the employee's religion if donation conflicts with employer beliefs, which would trigger federal civil rights violations).

Other important exceptions: the leave right applies only to employees, not independent contractors. Bone marrow donation is included, but the statute does not clearly address tissue donation (skin, cornea) or blood/plasma donation; courts would likely extend protection to tissue donation but blood donation might fall outside the scope due to its lower risk profile and shorter recovery period.

Leave does not accrue if an employee works for multiple employers; each employer's obligation is measured separately by their own employee count. If the donation occurs unexpectedly (emergency living donation), the requirement for 'advance notice when practicable' is not breached, and the employee's failure to notify is not grounds for termination.

Unions and collective bargaining agreements may provide broader leave rights; if a CBA grants more generous organ donation leave, the CBA terms control. Employers are not required to pay for the leave itself, though they must maintain health insurance benefits during the unpaid leave period. An employer cannot require use of vacation or sick leave before organ donation leave.

One unclear area: whether the leave is available for non-living donation (donation of organs after death by family members acting on behalf of the deceased) — the statute focuses on employee donation, not family member coordination, so the scope is limited to the employee's own donation.

Step 1: Document Your Donation Plan

Keep records of all communications with your employer about your organ donation. Save emails, text messages, letters, and dated notes of in-person conversations showing when you notified your employer and what you requested. Obtain written confirmation from your transplant center or medical facility stating your donation date, the organ being donated, and the expected recovery period. File this medical certification in a secure location. If your employer denies your leave request, document the exact date, time, and words used by the decision-maker. Take screenshots of any written denials.

Step 2: Internal Complaint Process and Employer Notification

Provide your employer written notice of the donation at least as far in advance as practicable (ideally 10–14 days for scheduled donation). Use the employer's standard leave request process if one exists, but note that the request is for organ donation leave under 43 Pa.C.S. § 4725. Ask for written confirmation that your request has been approved and your job will be held. If the employer denies or delays approval, follow any internal grievance process in the employee handbook, but do not delay your medical procedure. Document the date you submitted the request and any response received. Keep a copy of your request and any employer response.

Step 3: File a Complaint if the Employer Refuses

If your employer denies the leave, threatens retaliation, or terminates you, file a charge with the Pennsylvania Department of Labor & Industry, Bureau of Compliance (or the equivalent agency overseeing wage and hour claims). Pennsylvania does not have a dedicated organ donation leave enforcement agency; claims are filed with the Bureau of Compliance under the state Labor Code. The agency's mailing address is 651 Boas Street, Harrisburg, PA 17121. Phone: (717) 787-3756. Website: www.dli.pa.gov. File within one year of the violation (state statute of limitations for contract/tort claims is typically three years, but administrative claims may have shorter deadlines).

Alternatively, or in addition, consult a Pennsylvania employment attorney and consider filing a civil lawsuit for wrongful termination or breach of contract in state court. No separate EEOC complaint is required for organ donation leave violations unless retaliation involves a federally protected class (e.g., religion, race).

Step 4: Investigation and Resolution Process

The Pennsylvania Department of Labor & Industry will accept your complaint and notify the employer of the allegation. The agency typically investigates within 30–60 days, depending on backlog. The investigation includes reviewing your written notice, medical certification, the employer's leave and termination records, and witness statements. You may be contacted by an investigator; be prepared to describe the dates, amounts of leave requested, the employer's response, and any adverse action (termination, demotion, reduced hours, negative evaluation) that followed.

If the investigator finds a violation, the employer will be ordered to reinstate you (if terminated), pay back wages, and potentially pay penalties for willful violations. If the employer contests the finding, an administrative hearing may be scheduled. You have the right to representation at the hearing. The entire process from complaint to resolution typically takes 3–6 months, though appeals can extend the timeline.

Step 5: When to Consult an Attorney

Consult an employment law attorney immediately if: (1) you were terminated after requesting or taking organ donation leave; (2) your employer threatened discipline or retaliation; (3) the employer denied leave without stating a business reason; or (4) you suffered a loss of wages, benefits, or job position. An attorney can file a complaint on your behalf, demand reinstatement and damages, and represent you in settlement negotiations or litigation. Many Pennsylvania employment attorneys work on contingency (no upfront cost) for retaliation claims. Seek an attorney licensed in Pennsylvania with experience in wage and hour or wrongful termination claims.