Overview: New York’s laws regarding organ and tissue donation have been amended. The law prohibits insurers from discriminating in life, accident, and health insurance based on a person’s status as a living organ or tissue donor. In addition, the law authorizes the use of paid family leave benefits for organ or tissue donation procedures.
Effective Date: February 3, 2019
Details:
New York has amended its laws regarding organ and tissue donation. The law requires the state to develop informational materials regarding the benefits of organ and tissue donation, among other things. The law also prohibits insurers from discriminating against an individual based on his or her status as a living organ or tissue donor.
Most relevant to employers, the law also amends the state’s paid family leave law. New York provides paid family leave to eligible employees caring for a family member with a serious health condition. The law defines “serious health condition” as an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility, continuing treatment or continuing supervision by a health care provider. The new law amends the definition to add transplantation preparation and recovery from surgery related to organ or tissue donation to the list of items that qualify as a serious health condition.
The amended law is codified at section 4365 of the New York Public Health Law, sections 2616 and 4313 of the New York Insurance Law, and section 201 of the New York Workers’ Compensation Law.
Action Required: Review and revise, if necessary, paid family leave policies and procedures to ensure they meet the law's requirements. Train supervisory and managerial employees, as well as HR and payroll personnel, on the new law's requirements
As always, please be sure to contact your Human Resources Business Partner if you have any questions.
* Produced in partnership with Littler Mendelson P.C.
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