Starting June 26, 2021, Pennsylvania’s Living Donor Protection Act (the “LDPA”) will present day off to organ and tissue donors to cowl day off for donation surgical procedure, together with crucial preparation and restoration.

Pennsylvania staff might be eligible for go away beneath the LDPA in the event that they meet the next FMLA eligibility standards: the worker should (1) work for a coated employer, (2) work 1,250 hours through the 12 months previous to the beginning of go away, (3) work at a location the place 50 or extra staff work or inside 75 miles of it, and (4) have labored for the employer for 12 months. Beneath the FMLA, an eligible worker could take as much as 12 workweeks of unpaid go away a yr, and is entitled to return to their similar (or equal) job on the finish of their go away.

Go away beneath the LDPA applies to an worker’s personal donation or to look after a partner, baby or father or mother who’s making or receiving an organ or tissue donation. Beneath the LDPA, FMLA-covered employers should present FMLA-eligible staff with go away that’s the similar as if the worker have been taking it for different eligible causes. Employers could ask for written documentation relating to the preparation and restoration crucial for surgical procedure.

LDPA go away will run concurrently with FMLA go away. The Division of Well being has been tasked with offering informational supplies regarding residing donors and the advantages of dwell organ and tissue donation. Moreover, the LDPA additionally ensures that insurers could not discriminate in opposition to residing donors by way of coverage circumstances, acceptance or pricing, primarily based solely on that particular person’s standing as a residing donor.

Pennsylvania joined the rising checklist of states offering statutory go away to staff who donate all or a part of an organ and/or tissue.