Federal and State Laws About Living Donation

Federal laws

There are several federal laws about living donation, and there may be more in the future.

• Donor Leave Laws: People who work for the federal government get 30 days of paid leave for organ donation and 7 days of paid leave for bone marrow donation. This paid leave is extra time beyond what federal employees get each year for illness and vacation. (HR457/Public Law 106-56)
  • United States Postal Service employees: may get administrative leave, with management approval, 14 days paid leave for organ donation (7 days for part-time employees). https://about.usps.com/manuals/elm/html/elmc5_009.htm
• Tax Credit: It isn’t an official law yet, but lawmakers are thinking about giving a federal tax credit of up to $5,000 for any donation costs that aren’t covered (including lost wages) if you donate a kidney, liver, lung, pancreas, intestine, or bone marrow.

State laws

The laws are different in each state, but many states have passed laws that support living donation. To see what laws and programs your state has passed, visit one of these websites:

http://www.organdonor.gov/legislation_micro/

• The US Department of Health and Human Services has a chart with state-by-state information about organ donation and transplantation, including living donation

http://unckidneycenter.org/kidneyhealthlibrary/health-policy

• The University of North Carolina Kidney Center also keeps a list of state law information about donation and transplantation, including living organ donation

www.kidney.org/sites/default/files/LDTaxDed_Leave.pdf

• The National Kidney Foundation has a list of state laws about paid leave, tax deductions, and tax credits for living donors

Also, some states have paid disability programs for workers. These can include payment while you recover from living donation. Ask your donor social worker if this is an option in your state.