Federal and State Laws About Living Donation

Federal Legislation:

  • Donor Leave Laws: Employees of the federal government receive 30 days paid leave for organ donation and 7 days for bone marrow donation. The leave is over and above the employee’s sick and annual leave. (HR457/ Public Law 106-56)
  • Tax Credit (Pending legislation): Legislation has been introduced that would provide a federal tax credit of up to $5,000 for unreimbursed expenses, including lost wages, for living donors of kidney, liver, lung, pancreas, intestine or bone marrow. This legislation has not yet been passed.

State Legislation:

Many states have enacted various laws in support of living organ donation.  These laws vary from state-to-state.  The following links provide information regarding the various state laws:

Some states have paid disability programs for workers, which may include payment during recovery following organ donation. We encourage you to check with your donor social worker for more information.

Authors • Mara Hersh-Rifkin, LCSW; Lara Tushla, LCSW; Holly Warren, RN, CCTC