To amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to clarify that organ donation surgery qualifies as a serious health condition.
This bill would explicitly classify organ donation surgery and recovery as a qualifying “serious health condition” under the Family and Medical Leave Act (FMLA) for private sector employees, and under the federal civil service leave framework in Title 5. Specifically, it inserts language to ensure that recovery from organ-donation–related surgery is treated as a serious health condition eligible for FMLA leave. For federal employees, it also creates a mechanism allowing the use of other paid leave (under a referenced section) to offset part of the 12 weeks of FMLA leave taken for organ donation, to the extent possible. In short, the bill aims to remove ambiguity around organ donation in FMLA coverage and provide a path for federal workers to substitute other paid leave for part of their organ-donation leave, helping to protect income while undergoing donation and recovery.
Key Points
- 1For private sector employees, the bill amends FMLA to explicitly include recovery from organ-donor surgery as part of a “physical or mental condition” that qualifies for FMLA leave.
- 2For federal civil service employees, the bill amends Title 5 to include organ-donor recovery as a qualifying serious health condition.
- 3The bill directs that, when a federal employee uses any portion of the 12-week FMLA leave to serve as an organ donor, they should substitute, to the extent possible, any leave available under section 6327 to cover that portion.
- 4The underlying goal is to clarify coverage and ensure paid leave options can be used in connection with organ donation, reducing financial burdens during donation and recovery.
- 5The bill is currently introduced and referred to the relevant committees (Education and Workforce; Oversight and Government Reform; House Administration).