Organ Donation Leave Laws in Wisconsin

Federal law does not establish a national right to organ or bone marrow donation leave. There is no federal statute comparable to the Family and Medical Leave Act (FMLA) that mandates donation leave across all states. The National Organ Transplant Act (42 U.S.C. § 274e) governs the allocation and procurement of organs for transplant but does not create employee leave rights. Some states have enacted their own organ donation leave statutes, while others rely on general paid leave policies, disability leave, or employer discretion.

The lack of federal coverage means state law becomes the primary protection. Wisconsin has proactively filled this gap by statute, providing stronger protections than the federal baseline. Employees in states without specific organ donation leave laws may have no enforceable right to time off for donation, even though it is a medical procedure.

Wisconsin Statutes section 103.87 provides a robust state-level protection for organ and bone marrow donation that exceeds the federal baseline (which offers none). The statute requires all Wisconsin employers—regardless of size—to grant employees reasonable paid leave to serve as a bone marrow or organ donor.

Under Wisconsin law, an employee may take leave to undergo medical procedures required for bone marrow or organ donation to another person. The employer must allow the employee to take the leave without penalty, discharge, or discrimination based on the employee's status as a donor or potential donor. This protection applies broadly: there is no minimum employer size threshold, no exclusion for small businesses, and no carve-out for certain industries.

The statute defines "reasonable paid leave" but does not specify an exact number of days. Courts and the Wisconsin Department of Workforce Development interpret this to mean the time medically necessary for the donation procedure and reasonable recovery. Employers cannot require the employee to use accrued vacation, personal, or sick leave; the leave must be separate and paid by the employer.

Wisconsin law is stronger than federal protections in states that lack donation leave statutes entirely. It is also clearer than some states that condition donation leave on employer size. Wisconsin's approach treats organ donation as a protected medical act, similar to how other states treat pregnancy or disability-related leave. The statute explicitly prohibits retaliation, which means an employer cannot reduce hours, deny promotions, or otherwise penalize an employee for exercising donation rights.

Wisconsin Statutes section 103.87 contains limited exceptions. The primary exception is the requirement that the employee provide reasonable advance notice to the employer. If an emergency donation situation arises and advance notice is not feasible, the employee must notify the employer as soon as practicable. The statute does not create an exception for small employers, start-up companies, or businesses with financial hardship.

Another practical exception involves medical certification. The employer may require the employee to provide a statement from a physician verifying that the employee is undergoing or will undergo a bone marrow or organ donation procedure. This is a reasonable employer safeguard to prevent misuse of the statute. The certification requirement does not apply if the employee is a registered bone marrow or organ donor under a national registry and provides proof of that status.

At-will employment principles still apply in Wisconsin, but they cannot override the organ donation leave statute. An employer cannot discharge or penalize an employee for taking protected donation leave, even in an at-will employment relationship. The statute creates a statutory exception to at-will employment for this specific purpose.

There is no exception for employers claiming undue hardship or business disruption. Unlike FMLA, which permits unpaid leave, Wisconsin's organ donation statute requires paid leave. Employers cannot avoid the obligation by claiming financial hardship. Additionally, the statute does not exclude any category of employee—part-time, temporary, probationary, or contract workers all have the same rights. Union employees are protected equally; the statute supersedes any collective bargaining agreement that would provide less protection.

Step 1 — Document Your Donation Status and Medical Need: Keep copies of any medical records, physician statements, or letters from the transplant center confirming that you are undergoing an organ or bone marrow donation procedure. Save emails or written communications with your employer about the donation. Document the dates of medical consultations, the anticipated donation date, and any recovery period recommended by your physician. This documentation protects you if a dispute arises about whether the leave was medically necessary.

Step 2 — Notify Your Employer With Reasonable Notice: Provide your employer with written notice of your need for donation leave as soon as practicable. Include the reason (organ or bone marrow donation), the anticipated date(s) of leave, and any medical certification available. Reasonable notice typically means at least 7–14 days before the procedure, though emergency situations may require shorter notice. Send this notification via email or registered mail to create a documented record. If your employer verbally agrees, follow up in writing to confirm.

Step 3 — File a Complaint With the Wisconsin Department of Workforce Development (DWFD) if Denied or Retaliated Against: If your employer denies the leave, penalizes you, or retaliates after you take donation leave, file a wage and hour complaint with the DWFD. The agency handles violations of Wisconsin employment standards, including section 103.87. File online at https://dwd.wisconsin.gov/er/labor_standards/ or call (608) 266-6820. You must file within a reasonable time; Wisconsin generally allows complaints within 2–3 years of the violation, though prompt filing (within 6 months) is preferable. Provide your name, employer name and address, dates of the alleged violation, and a detailed description of what happened.

Step 4 — Expect Investigation and Employer Response: The DWFD will contact your employer to investigate your complaint. The employer will be asked to provide payroll records, emails, and a written response explaining their actions. You may be asked to provide additional details or supporting documents. The investigation typically takes 2–4 weeks. If the DWFD finds a violation, it will attempt to resolve the matter by negotiation. If the employer refuses to comply, the agency can seek unpaid wages, penalties, and damages.

Step 5 — Consult an Employment Attorney for Retaliation or Damages Claims: If your employer retaliates (discharges, demotes, or reduces hours after you take donation leave), contact an employment law attorney licensed in Wisconsin. Retaliation claims may involve damages beyond unpaid leave—such as lost wages, attorney fees, and damages for emotional distress. An attorney can file a civil lawsuit under Wisconsin Statutes section 103.87 or explore parallel claims under state discrimination or wrongful termination law. Many employment attorneys offer free consultations and work on contingency, meaning you pay only if you win or settle.