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Department of Labor affirms job security for living donors
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The U.S. Department of Labor issued an opinion letter on Aug. 28 affirming that employers must guarantee job security for individuals who become living organ donors and are covered under the Family and Medical Leave Act.
“One major concern for kidney patients seeking a living donor is that their donor will be allowed to take time off for donation and recovery without the fear of losing employment,” the National Kidney Foundation said in reaction to the letter. “Today’s opinion letter is a major win for both kidney patients and organ donors alike and it is only possible thanks to the diligent efforts of Representative Jaime Herrera Beutler (R-WA) through her work on the House Appropriations Committee.”
In the letter, the Department of Labor notes that FMLA “entitles eligible employees of covered employers to unpaid, job-protected leave for specified family and medical reasons. Eligible employees may take up to 12 work weeks of leave in a 12-month period for, among other things, a serious health condition that renders the employee unable to perform the functions of his or her job ... An employer may request medical certification from a health care provider concerning the serious health condition that is the basis for the FMLA leave request ... When requested, medical certification is a basic requirement for FMLA-qualifying leave for a serious health condition, and the employee is responsible for providing such certification to his or her employer.”
Quoting the FMLA, the Department of Labor letter labelled an individual’s incapacity as “inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery there from,” and treatment includes “examinations to determine if a serious health condition exists and evaluations of the condition.”
The letter said organ donation would qualify as a serious medical condition whenever it results in an overnight stay in a hospital.
The NKF said that living organ donation saves lives and money. Each year, Medicare spends $87,000 per patient on dialysis and less than half, $32,500, for a transplant patient.
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