The US Department of Labor's Wage and Hour Division published an opinion letter last week stating that surgery for people who donate an organ qualifies as a “serious health condition” under the Family and Medical Leave Act (FMLA).
The letter may provide reassurance to individuals that are considering donating a kidney, but are concerned about losing their jobs due to being away for surgery or post-surgery care.
About the Family and Medical Leave Act
The FMLA allows “eligible employees of covered employers” the ability to take 12 workweeks of unpaid leave during a 12-month period for certain family and medical conditions. In addition, FMLA ensures eligible employees continue to receive the same health insurance coverage during their leave.