Organ Donation Leave Laws in Tennessee

Federal law does not specifically mandate organ donation leave. The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., provides up to 12 weeks of unpaid leave for serious health conditions, but organ donation is not explicitly listed as a qualifying event under federal law. However, if an organ donor experiences complications or requires recovery time that qualifies as a serious health condition, FMLA protections may apply. The FMLA covers employers with 50 or more employees within a 75-mile radius.

At the federal level, employees must rely on state-specific organ donation leave statutes or other general leave laws for protection. The EEOC enforces federal anti-retaliation protections under various statutes, but organ donation leave specifically is a matter of state law. This means states like Tennessee have filled the gap by creating explicit statutory protections for organ donors that exceed federal baseline protections.

Tennessee Code Annotated § 50-6-304 provides explicit statutory protection for organ and bone marrow donors that exceeds federal law. The statute requires employers to grant employees reasonable unpaid leave to undergo medical procedures for organ or bone marrow donation without penalty, demotion, or discharge. This protection applies broadly to all employers operating in Tennessee, regardless of the number of employees.

Tennessee's law is stronger than federal law because it explicitly protects organ donation leave, whereas federal FMLA does not. The statute covers both organ donation and bone marrow donation procedures. Employees are protected from retaliation for requesting or taking such leave. The law does not specify a minimum number of hours or days; instead, it uses the standard of "reasonable" time, which is determined based on the medical necessity of the procedure and recovery time needed.

Unlike FMLA, Tennessee's organ donation leave statute applies to all employers without regard to employer size. There is no employee eligibility threshold based on length of employment or hours worked. Remedies under state law include reinstatement, back pay, and potentially attorney's fees if the case is litigated. Tennessee also provides whistleblower-style protections against retaliation, meaning employees can sue for damages if discharged or adversely treated for exercising their organ donation leave rights.

Tennessee's organ donation leave law contains minimal exceptions. The primary limitation is that leave must be for the medical purpose of organ or bone marrow donation; leave cannot be taken for unrelated purposes. Employers may require reasonable advance notice if the donation is planned, though emergency donations may proceed without notice.

The law does not apply to employers outside Tennessee, though any employer operating in Tennessee must comply. Additionally, the statute does not require paid leave—only unpaid leave—unless the employer voluntarily provides pay. Employers may not use organ donation leave as a basis for adverse employment action, including discipline, demotion, or discharge. However, if an employee is already subject to termination for legitimate, non-retaliatory reasons, the employer may still proceed with that action if documented before the leave request.

One practical exception involves the burden of proof: the employee bears the initial burden of showing they requested or took organ donation leave, but the employer then bears the burden of proving non-retaliatory reasons if termination or discipline follows close in time to the leave request. This presumption of retaliation is a strong protection in Tennessee law. The statute does not create an exception for at-will employment; even at-will employees retain organ donation leave rights.

Step 1 – Document Everything: Keep copies of any communication requesting organ donation leave, including emails, text messages, or written requests submitted to HR or management. Document the dates you requested leave, the dates you took leave, and the medical provider's confirmation of the organ donation procedure. Save any written policies your employer has that mention leave, time off, or employee protections. If you experienced any negative treatment before, during, or immediately after taking leave, document the specific dates, what happened, who witnessed it, and what was said. Keep records of your employment status, pay stubs, performance evaluations, and any communications about discipline or discharge.

Step 2 – Attempt Internal Resolution: Before filing a complaint externally, notify your employer's HR department in writing of your intent to donate an organ and request reasonable unpaid leave. Use certified mail or email with read receipt to create a record. If your employer denies the leave, retaliate, or threatens consequences, respond in writing asking for clarification of the company's position and citing Tennessee Code Annotated § 50-6-304. Request that HR acknowledge receipt and confirm the company's compliance with state law. Document any informal discussions with supervisors or HR representatives about the leave.

Step 3 – File with the Appropriate Agency: If internal resolution fails, contact the Tennessee Human Rights Commission (THRC) at 615-741-5825 or visit tn.gov/humanrights. The THRC enforces Tennessee's employment discrimination and retaliation statutes. You may file a charge online through their website or submit a written complaint by mail to: Tennessee Human Rights Commission, Andrew Jackson Building, 500 Deaderick Street, Suite 300, Nashville, TN 37243. Include your name, contact information, employer name and address, dates of the alleged violation, a detailed description of the organ donation leave request and any retaliation, and copies of supporting documents. You must file within one year of the alleged violation under Tennessee law. If the THRC deems the charge viable, they will investigate; if not, they will dismiss it and provide you a right-to-sue notice allowing private litigation.

Step 4 – The Investigation Process: Once the THRC receives your complaint, they will send a copy to the employer and request a written response within 30 days. The THRC investigator will typically contact you and the employer to gather facts, request documents, and conduct interviews. This process usually takes 60 to 180 days depending on the complexity and agency workload. You have the right to provide additional evidence, witness statements, and written responses to the employer's claims. The THRC will issue a determination concluding whether probable cause exists to believe a violation occurred. If probable cause is found, the THRC may attempt mediation; if mediation fails, you receive a right-to-sue notice allowing you to file a civil lawsuit in Tennessee state court.

Step 5 – Consult an Attorney: Consider consulting an employment law attorney in Tennessee before or during the complaint process, particularly if your employer has denied leave, terminated you, or engaged in obvious retaliation. An attorney can evaluate the strength of your case, advise on damages you may recover (including back pay, front pay, compensatory damages for emotional distress, and potentially punitive damages), and determine whether your case qualifies for attorney's fees under Tennessee law. Many employment attorneys work on contingency, meaning they collect a fee only if you win. The attorney can also help you gather evidence, respond to employer discovery requests, and navigate negotiations or litigation in state court.