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HR-416 Organ and Bone Marrow Donor Leave Q&As

Note: “Donor Leave pay” refers to Organ and Bone Marrow Donor Leave pay pursuant to CRR 340.035 and HR-416.

1. If I meet all the requirements in the Donor Leave policy, can my department deny my request for Donor Leave pay? 
No. CRR 340.035 authorizes paid time off for eligible employees who are organ or bone marrow donors, up to specified limits. However, employees must make a reasonable effort to schedule the treatment so as not to unduly disrupt the òȾòƵ’s operations.

2. I am a benefit-eligible academic employee. Does this leave apply to me?
Yes. This leave applies to benefit-eligible academic employees according to CRR 340.035.

3. Can I use Donor Leave pay to see if I am a match for organ donation, or for pre-surgery appointments? No. Donor Leave pay is not available for intermittent use. Donor Leave pay is available for continuous absence associated with donation and recovery.

4. I am working a partial work schedule while recovering from my procedure. Can I use the Donor Leave pay on an intermittent basis? 
No. Donor Leave pay is not available for intermittent use. Donor Leave pay is available for continuous absence associated with donation and recovery.

5. If there are complications after my organ or bone marrow donation which require additional leave beyond what CRR 340.035 authorizes, may I receive additional Donor Leave pay? 
No. However, there may be additional paid or unpaid leave available. Please consult with your òȾòƵ Human Resources Office

6. If I am out for Donor Leave, will that time off be counted against my weeks of eligible FMLA leave?
It depends. The employee and the circumstances must both qualify under the Family and Medical Leave Act. If FMLA is approved, then the time off for Donor Leave count towards eligible FMLA leave.

7. How is Donor Leave pay handled for employees who work nonstandard work schedules (e.g., an employee regularly scheduled to work 80 hours over a two week pay period but the hours are not evenly split over that two week period, an employee who works four 10-hour days, etc.)? 
Employees are eligible for Donor Leave pay based on their regular work schedule. For employees who regularly work a nonstandard work schedule, Donor Leave pay should be used to make them whole for their regularly scheduled hours. Total approved Donor Leave pay may not exceed the amount of calendar days allowed per CRR 340.035.

8. What is the effect of a holiday and/or winter break pay when an employee is on leave? 
Employees will receive holiday pay and winter break pay, if eligible, when on a paid leave of absence. In addition, Donor Leave available will not reduce when receiving holiday or winter break hours.

Date Created: 12/01/2019
Date Updated: Posted 12/23/2023 with an effective date 01/01/2024

Reviewed 2023-12-22