Will I Lose My Job if I Donate a Kidney?

If you are considering becoming a living kidney donor, you may be wondering how your decision will affect your job security and employment status, including whether an employer can fire you for donating a kidney. Here’s what you need to know.

Legal Protections for Kidney Donors

In many countries, laws exist to protect employees who choose to donate organs. In the U.S., the Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid leave for medical reasons, including organ donation. This means you can take time off work for the surgery and recovery without risking your job.

The FMLA allows eligible employees to take up to 12 weeks of unpaid leave annually for specific family or medical reasons, including organ donation. During FMLA leave, your job is protected, and your employer must maintain your group health insurance.

In general, to qualify for FMLA, you must work for a company with at least 50 employees and have worked for the company for at least one year. If you work for a smaller company or have worked there for less than one year, be sure to check your employer’s policies on leave and explore other options, such as state-specific family leave laws or company-specific leave programs that may provide similar benefits.

Some states also have specific job protections for living organ donors. Be sure to review all the available job protections for organ donors that apply to you, at the federal, state, and regional level, as well as any related to your specific job type or employer.

Taking Time Off Work for Kidney Donation

When you donate a kidney, you’ll need to take some time off work. Most kidney donors require between one and four days to recover in the hospital and a few weeks to recover at home.

The recovery process varies for each individual. Most people can return to normal activities, including work, after two to four weeks. Donors with physically demanding jobs may need four to six weeks of recovery before returning to work.

Having an employee out of work for that long may cause hardship for some companies, especially smaller businesses, which may cause them to consider termination as an option. On the other hand, some employers voluntarily offer extended leave to employees who want to become donors, such as the members of the American Society of Transplantation’s Living Donor Circle of Excellence.

If you’re considering donation, make sure you review your company’s policies and find out how much time off you are entitled to.

Communicating with Your Employer

Transparency is key when it comes to discussing your intention to donate a kidney. If you feel comfortable, inform your employer about your decision and the reasons behind it. This can help them understand your motivation for becoming a donor and may make them more supportive of your decision.

Keep in mind that while many employers are supportive of organ donation, others may have reservations. Be prepared to explain how the process works and provide educational material to help them become more familiar with how it works and how it may affect your job.

Be sure to consult with your manager and HR department to explain your decision, understand your rights, and address any potential impacts on your job.

Addressing Job Security Concerns

Many people worry that donating a kidney may lead to discrimination or job loss. If your employer doesn’t have a specific policy for organ donation, you can discuss your situation with your HR department or supervisor. Many employers are willing to work with employees on a case-by-case basis to accommodate organ donation.

The Americans with Disabilities Act (ADA) provides protection against employment discrimination for individuals with disabilities, which could extend to living organ donors. If you feel your job security is threatened due to your decision to donate, consider seeking legal advice.

Legal Support for Unlawful Termination

If you donate through the National Kidney Registry and qualify for the Donor Shield program, you have access to free legal support if you are unlawfully terminated as a result of your kidney donation.