Does Your State Offer Paid Leave to Donors?

In the course of updating our book manuscript on living kidney donation, we were hoping to see lots of progress in job protections and financial assistance–such as paid leave laws and tax deductions/credits–for living donors. Well, the good news is that there has been some progress. More states are offering paid leave and tax benefits for donors’ unreimbursed costs for travel, lodging, lost wages, and so on. The bad news? You guessed it—not nearly enough.

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First the good news:

Job protections. Living donation is now eligible for unpaid leave and other protections under the Family and Medical Leave Act–so your job or equivalent has to be waiting for your on your return. Federal employees and most states grant such protections in the form of leave (paid or unpaid).

Paid leave: All federal employees receive at least 30 days paid leave for organ donation; most states offer paid leave of various lengths to their state employees. A few states (let’s give them a shout-out: California, Hawaii, Louisiana, and Minnesota) require private employers to provide paid leave for living donors. A few more (Arkansas, District of Columbia, and West Virginia) offer incentives to encourage private employers to do so.

Tax credits: Four states provide tax credits (that is, dollar for dollar) for unreimbursed expenses by living donors (shout-out: Idaho, Louisiana, Maryland, and Utah).

Tax deductions: About half of the states offer significant tax deductions.

The bad news: What about all the others? Why aren’t all states offering paid leave to their employees and providing incentives to private employers to offer paid leave? It’s the right thing to do and actually saves money compared with the costs of kidney patients’ staying on dialysis. Why aren’t the rest of the states with a tax code at least offering tax deductions? And why aren’t those with tax deductions offering tax credits instead?

If you’re considering donating, find out what the law is in your state before you talk to your employer. Be sure to get all relevant details, because there are frequently requirements about how many hours a week you work or how many people a company employs in order to qualify. In any case, call or email your state representatives and tell them to do the right thing. Don’t let them merely pay lip service to supporting living donation–living donors deserve every state’s concrete support.

Contact me for a state-by-state list of donor leave laws and tax regulations compiled by the National Kidney Foundation.

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