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.
- Sponsor
- Rep. Bacon, Don [R-NE-2]
- Committees
- Committee on House Administration (primary)
- Last action
- Jul 22, 2025
Bottom line
The bill expands FMLA protections to explicitly cover recovery from organ donation surgery, aiming to remove a potential barrier for individuals considering becoming living organ donors.
What it actually does
This bill clarifies that recovery from organ donation surgery qualifies as a "serious health condition" under the Family and Medical Leave Act (FMLA) for both private sector and federal civil service employees. For federal employees, it further specifies that any existing organ donor leave must be used before FMLA leave for this purpose. This ensures job protection for individuals recovering from life-saving organ donation procedures.
Proponents argue
Supporters argue this clarification is essential to encourage organ donation by providing job security and leave benefits to donors during their recovery period. They contend that organ donation is a selfless act that should be fully supported by workplace policies, and explicitly including it under FMLA removes ambiguity and potential disincentives for potential donors. This could ultimately save lives by increasing the pool of available organs.
Opponents contend
Critics might argue that while the intent is laudable, expanding FMLA coverage, even for specific conditions, could place additional administrative burdens on employers, particularly small businesses. Some might also contend that existing FMLA provisions or other leave policies are sufficient, or that this clarification could open the door for further expansions that strain employer resources. However, given the specific, life-saving nature of organ donation, widespread opposition is unlikely.
The bill is exceptionally short and clear, making it very accessible for any reader to understand its provisions quickly.
Section 1(a)
Clarification for Private Sector Employees
This section amends the Family and Medical Leave Act of 1993 to explicitly state that "recovery from surgery related to organ donation" is considered a "serious health condition." This means private sector employees who undergo organ donation surgery are now clearly eligible for up to 12 weeks of unpaid, job-protected leave under FMLA for their recovery, ensuring their employment is secure during this critical period.
Supporters argue
Supporters argue this provision removes ambiguity, ensuring that private sector employees who make the selfless decision to donate an organ are not penalized with job loss or lack of leave during their recovery. This clarity is crucial for promoting organ donation and supporting donors.
Critics contend
While direct opposition is unlikely, some employer groups might express concerns about the cumulative effect of expanding FMLA definitions, citing potential administrative complexities or staffing challenges, particularly for smaller businesses, even if the direct impact of this specific change is minimal.
Tradeoffs
The primary tension is balancing employer flexibility and administrative ease against the societal benefit of encouraging organ donation and supporting individuals who undertake such a significant medical procedure.
Section 1(b)
Clarification for Federal Employees and Leave Substitution
This section makes two changes for federal civil service employees. First, it explicitly includes "recovery from surgery related to organ donation" in the definition of a "serious health condition" under federal FMLA (5 U.S.C. 6381(5)). Second, it mandates that federal employees taking FMLA leave for organ donation must first use any available leave under section 6327 (Organ Donor Leave) before using their general FMLA entitlement. This ensures that specific organ donor leave is prioritized.