Pennsylvania Governor Tom Wolf has signed legislation HB203, also known as the Living Donor Protection Act, or "the Act" that will provide unpaid leave to eligible employees for surgery related to organ or tissue donation. The Act takes effect June 26, 2021.
Background:
Among other things, the federal Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave per year for an employee's serious health condition or to care for a family member with a serious health condition. To be eligible, an employee must work:
- For a covered employer for at least 12 months;
- At least 1,250 hours during the previous 12 months; and
- At a location where the company employs 50 or more employees within 75 miles.
The Living Donor Protection Act:
Employers who are subject to the FMLA are required to provide leave for the preparation and recovery necessary for surgery related to the donation of all or part of an organ or tissue by or for the eligible employee or their spouse, child, or parent. This leave will generally run concurrently with leave under the FMLA.
Employee Documentation:
Employers may require their employees to submit written documentation regarding their need for leave.
Compliance Recommendations:
Pennsylvania employers should update their leave protocols to ensure compliance with House Bill 203. Please contact your dedicated service professional with any questions.