Sick leave is a familiar institution in US work spaces. Paid or unpaid, sick days allow affected employees to rest and recover—without worrying about whether their job will be waiting for them when they return.
But what about workers who need time off to care for someone else?
This was the question at the core of a recent Tennessee dispute where Pam Melson, a courageous Tennessee Apparel factory worker, was denied medical leave to make a kidney donation. Her boss, who compared the donation leave to “someone getting let off to get breast implants,” defended himself with the Family and Medical Leave Act (FMLA) of 1993.
The FMLA does make time-off provisions for pregnant women, care of newborn or adopted children, personal health problems, and caretaking for immediate family members, granting a full 12 weeks of leave for qualified employees. This act does not technically extend to donor efforts.
Because of the FMLA’s limits, 17 states have now passed legislation to encourage organ donation. For example, Family and Medical Leave in Connecticut grants organ and marrow donors a generous 24 weeks of leave every two years.
However, Tennessee is not one of those states, and Melson’s employer was not legally obligated to grant her medical leave for the donation. Fearing the loss of her factory job and the welfare of her two children, Melson believed she would have to postpone the donation.
Only yesterday did the Tennesseean report a change of heart from Melson’s employer.
After a tide of criticism poured in regarding the factory’s initial stance, the company issued a formal statement permitting medical leave for organ donation. This amendment “will treat requests for voluntary organ donation as a request covered by FMLA leave if they meet all the other requirements for FMLA coverage.”
Melson and Donnie Hammack, who will receive her kidney, were elated to learn that they could proceed with the transplant.
If your employer has 50 or more employees, and you have worked at least 1,250 hours over the past 12 months, you may be eligible for 12 weeks of unpaid family or medical leave under the FMLA. Additionally, you are guaranteed your job back upon returning, and full access to your health and medical benefits during your absence.
Check your state laws regarding Family and Medical Leave.
You might be entitled to paid family leave, or you may need medical certification to justify your absence. Our Law Library provides easy-to-understand information about Family and Medical Leave Lawyers, and further information for workers living in Oregon, California, Minnesota, Wisconsin, New Jersey, and Connecticut.
by Kate Beall
