Organ Donation Leave Laws in Washington

Federal law does not mandate paid or unpaid leave for organ or bone marrow donation. The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, covers qualifying medical conditions but does not specifically address organ donation as an eligible reason. FMLA provides up to 12 weeks of unpaid, job-protected leave to covered employees at covered employers with 50+ employees within 75 miles, but organ donation is generally not considered a qualifying event under federal law unless the donation or recovery creates a serious health condition as defined by FMLA regulations.

Some states have enacted organ donation leave laws, recognizing the public health interest in increasing donation rates and supporting donors. The federal government has not preempted state organ donation leave laws, allowing states to impose stricter standards on employers. Federal enforcement of any federal organ donation rights would fall under the Department of Labor (DOL), but since no federal mandate exists, enforcement is limited to state authorities in states with such laws.

Employers in states without organ donation leave laws are not required to provide leave for this purpose, though they may choose to do so voluntarily.

Washington State goes significantly beyond federal law by explicitly requiring paid leave for organ and bone marrow donation under Washington Revised Code section 49.77.010. This state-specific statute establishes that any employer with 50 or more employees must provide an employee with a reasonable amount of paid time off to serve as an organ or bone marrow donor.

The statute covers both the donation procedure itself and reasonable recovery time needed after the procedure. Washington does not define a specific number of days (such as 3 or 5 days), instead requiring employers to provide "reasonable" time off, which must be interpreted on a case-by-case basis considering the medical demands of the specific donation procedure.

Unlike federal law, which makes no distinction for organ donation, Washington's law treats donation as a legitimate reason for paid leave without requiring employees to characterize it as a serious health condition or rely on other protected leave statutes. The law applies to all employers with 50 or more employees, regardless of whether the employee is covered by FMLA. Washington Revised Code section 49.77.020 clarifies that the paid time off must be provided and must be paid at the employee's regular rate of pay.

Under section 49.77.030, Washington law explicitly prohibits employers from discharging, threatening, or otherwise retaliating against an employee because the employee takes time off to serve as an organ or bone marrow donor. This anti-retaliation protection is stricter than the general at-will employment rule and creates a protected class activity. The state law does not condition the right on the success of the donation, so an employee is protected even if the donation procedure is scheduled, attempted, or scheduled multiple times.

Washington organ donation leave law applies only to employers with 50 or more employees; smaller employers are not covered and may deny leave at their discretion. The statute does not define which specific types of organ or tissue donation procedures qualify, though bone marrow and organ donation are explicitly mentioned. Employers may legally require medical certification that the employee intends to donate and that the scheduled leave is for that purpose.

The law does not prevent employers from requiring employees to use accrued paid time off (such as vacation or sick leave) in addition to or instead of a separate donation leave allotment, depending on how the employer structures its leave policies. However, the leave must ultimately be paid, not unpaid. At-will employment principles still apply to other employment decisions unrelated to organ donation; the statute does not convert at-will employment to for-cause employment generally.

Employees of the federal government, including federal employees in Washington, may have different rights under federal employee regulations, which are not governed by state law. Union-represented employees may have additional or modified rights under collective bargaining agreements, which can provide more generous leave than the statutory minimum. The statute does not create a right to take leave for donation-related medical appointments, counseling, or testing that do not involve the actual donation procedure or its recovery; those may be covered under other leave laws or the ADA if they constitute a disability-related need.

Step 1: Document Your Donation Plan and Request. As soon as you know you will donate (through medical screening or official designation as a donor candidate), write a dated email or letter to your employer or HR department clearly stating that you intend to donate an organ or bone marrow, the approximate date of the procedure, and the expected duration of recovery time needed. Retain a copy of this request and any response from your employer. If your employer asks for medical documentation, obtain a letter from the medical provider confirming the donation is planned and estimating recovery time.

Step 2: Understand Your Internal Complaint Process and Escalate if Necessary. Most Washington employers with 50+ employees have a formal leave request process; follow it exactly. Submit your request as far in advance as possible, typically at least two weeks before the procedure date. If your employer denies the request, delays it, or marks it as unpaid when the law requires it to be paid, request written clarification of the reason for denial. Document all communications with HR, your manager, and any other relevant employee.

Step 3: File a Complaint with the Washington Department of Labor & Industries. If the internal process fails or your request is denied, file a complaint with the Washington State Department of Labor & Industries (L&I), which enforces Washington labor standards including paid leave laws. File online at www.lni.wa.gov or by calling 1-800-4-LABOR-1 (1-800-425-2761). You must file your complaint within the applicable statute of limitations; Washington does not specify a time limit for organ donation leave complaints, but as a general rule, file within one year of the violation. Provide: your name and contact information, your employer's name and size, the date of your donation request, the date it was denied or disputed, documentation of the request and employer response, and any evidence of retaliation (such as negative reviews, disciplinary action, or termination following the request).

Step 4: Expect L&I Investigation and Possible Mediation. After you file, L&I will assign an investigator to contact your employer and request records of your leave request, any communications about the request, and your personnel file. The investigator may conduct interviews with you, your employer, and witnesses. L&I may attempt mediation to resolve the complaint. The investigation process typically takes 30-90 days, though complex cases may take longer. Your employer cannot retaliate against you for filing a complaint with L&I; doing so is itself illegal under RCW 49.77.030.

Step 5: Consult an Employment Attorney if Necessary. If L&I investigates but does not resolve the matter to your satisfaction, or if you face retaliation after filing a complaint, consult a Washington employment attorney who specializes in wage and hour or wrongful termination law. An attorney can advise you on whether to pursue a civil lawsuit for denial of paid leave, lost wages, or retaliation damages. Many employment attorneys in Washington offer free initial consultations. If you were terminated or faced severe retaliation, you may have a claim for wrongful termination in violation of public policy (RCW 49.52.070), which can result in damages including back pay, front pay, and attorney fees.