To amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to clarify that organ donation surgery qualifies as a serious health condition.
Summary
What This Bill Does
This bill amends both the private-sector Family and Medical Leave Act definition of serious health condition and the parallel title 5 federal-employee definition. In each definition, it inserts recovery from surgery related to organ donation as an example of a qualifying physical or mental condition. The amendment means eligible workers can use FMLA leave for organ donation surgery recovery without arguing that the recovery falls outside the statute's serious-health-condition language. The bill also amends title 5 leave rules for federal employees: when an employee uses part of the 12-week FMLA period to serve as an organ donor, including recovery from surgery, the employee must substitute as much available paid leave as possible for that portion. The policy is narrow but concrete: it protects organ donors' job-protected leave access while tying federal employee organ-donor leave to available paid leave balances.
Who Benefits and How
Private-sector organ donors benefit from clearer FMLA coverage for recovery from donation surgery. Federal employee organ donors benefit from explicit title 5 coverage for organ donation surgery recovery. Transplant patients benefit if clearer job-protected leave makes potential donors less likely to delay or decline donation. Employers benefit from statutory clarity about whether organ donation surgery recovery qualifies as a serious health condition.
Who Bears the Burden and How
Covered private employers must treat qualifying organ donation surgery recovery as FMLA-covered leave. Federal agencies must administer organ-donor FMLA leave under the clarified title 5 rules. Federal employee organ donors must substitute available paid leave for organ-donor FMLA leave as much as possible. Department of Labor and OPM guidance staff may need to update explanatory materials.
Key Provisions
- Clarifies that recovery from organ donation surgery is a serious health condition under private-sector FMLA.
- Clarifies the same serious-health-condition rule for federal employees under title 5.
- Requires federal employees using organ-donor FMLA leave to substitute available paid leave where possible.
- Protects organ donors' access to job-protected leave for surgery recovery.
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.
At a Glance
What This Bill Does
Clarifies that recovery from organ donation surgery is a serious health condition under private-sector and federal-employee FMLA rules, and requires federal employees using organ-donor FMLA leave to substitute available paid leave as much as possible.
Key Policy Areas
Family and Medical Leave, Organ Donation, Federal Employees
Primary Purpose
Clarifies that recovery from organ donation surgery is a serious health condition under private-sector and federal-employee FMLA rules, and requires federal employees using organ-donor FMLA leave to substitute available paid leave as much as possible.
Policy Domains
Resolution provisions
Identified Gains
- Private-sector organ donors
- Federal employee organ donors
- Transplant patients
- Employers needing FMLA clarity
Identified Costs
- Covered private employers
- Federal agencies
- Federal employee organ donors using paid leave
- Department of Labor
Sponsors
Legislative Progress
In CommitteeMr. Bacon (for himself and Mr. Nadler) introduced the following …
Referred to the Committee on Education and Workforce, and in …
Introduced in House
Stakeholder Effects
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Bill Structure & Actor Mappings
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