Virginia Provides Leave to Bone Marrow and Organ Donors

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Governor Glenn Youngkin has signed organ donor and bone marrow leave for employees into law, effective July 1, 2023.

Leave under this statute is unpaid. The amount of leave provided is up to 60 business days in any 12-month period to serve as an organ donor, and up to 30 business days in any 12-month period to serve as a bone marrow donor. Organ donation leave means leave taken by an eligible employee for the purpose of donating one or more of the employee’s human organs, including bone marrow, to be medically transplanted into the body of another individual.

  • The law is applicable to employers with 50 or more employees, although the law does not specify whether the employees must be located in Virginia for the employer to be covered.
  • Eligible employees for this leave are those that have been employed by their current employer for at least 12 months prior and worked at least 1,250 hours in the preceding 12 months. Both requirements are identical to the employee eligibility requirements for the federal Family and Medical Leave Act (FMLA).
  • Employees who take leave pursuant to this law are entitled to be returned to their same or an equivalent position in terms of benefits, pay, and other terms and conditions of employment. Moreover, employers must maintain health insurance coverage for employees on leave in the same manner as if the employee had continued being on-the-job during the period of leave.
  • Interestingly, the new law does not run concurrently with FMLA even though the U.S. Department of Labor has issued guidance that organ donation can qualify as a serious health condition under the FMLA.
  • To receive this type of leave, the employee must provide written physician verification to confirm that 1) they are an organ or bone marrow donor and, 2) there is a medical necessity for the donation.

This is an active time for leave-related legislation. Each year, states nationwide review and revise their legislation to make it more accessible. If your team is managing leave in multiple states, staying abreast of these frequent changes can be a struggle. Outsourcing employee leave to Sparrow, the first true end-to-end leave management provider for modern employers, can provide you with confidence in your leave compliance.