News Results

Living Organ Donors Qualify for Family Medical Leave Act Protections

Aug 29, 2018
The U.S. Department of Labor’s Wage and Hour Division has issued a new opinion letter confirming living organ donors’ qualification for Family Medical Leave Act protections.

ASTS is pleased to announce that the U.S. Department of Labor’s Wage and Hour Division has issued a new opinion letter confirming living organ donors’ qualification for Family Medical Leave Act protections in response to a request from Congresswoman Jaime Herrera Beutler (R-WA). 

ASTS worked closely with the Congresswoman’s office to develop an issue brief and work with the appropriations committee to insert language calling on the Department of Labor to clarify whether organ donation qualifies as a “serious medical condition.” The Department of Labor’s opinion that organ donors are entitled to the Act’s protections rested partly on the fact that organ donation often requires an overnight hospital stay, qualifying as inpatient care.

ASTS President Dixon B. Kaufman, MD, PhD, said, “This opinion removes a significant barrier that many living organ donors have faced. ASTS congratulates Congresswoman Herrera Beutler on the success of her efforts. I am proud of ASTS’s advocacy to help those who wish to give the gift of life, and we look forward to working with Congresswoman Herrera Beutler to achieve the other goals contained in the Living Donor Protection Act.”

Congresswoman Herrera Beutler said, “I’m so pleased that DOL heeded my legislative call for action to ensure that living donors who give the most precious gift of all can rest assured that they are protected in their jobs. I’ll continue to press forward on my bipartisan Living Donor Protection Act to ensure these organ donors can also access the health coverage they need.”

For more information about the Living Donor Protection Act, sponsored by Reps. Herrera Beutler and Jerrod Nadler (D-NY), click here.