According to Donate Life America, every 10 minutes another person is added to the waiting list for an organ. Twenty-two (22) people die each day waiting, and yet one organ/eye/tissue donor can save and heal more than 75 lives. According to the United Network for Organ Sharing, 114,370 people are currently waiting for a lifesaving transplant; in Minnesota, there are 3,155 people waiting (62 under the age or 18). While many may “check the box” when obtaining/renewing a drivers’ license, few think about making a living donation (approximately 6,000 per year). In Minnesota, we are fortunate to have the Gift of Life Transplant House, a place for immune-suppressed transplant patients (only) and their caregivers to stay while receiving medical treatment in Rochester. The Gift of Life Transplant House was founded in 1973 by Edward Pompeian, who then received a donated kidney, the “gift of life”, from his mother.

For those like Mr. Pompeian’s mother that decide to make a living organ donation, the U.S. Department of Labor (DOL) has made it a little less burdensome to donate life to another. On August 28, 2018, the DOL opined in FMLA2018-2-A, that organ donation surgery is a “serious health condition” under the Family Medical Leave Act (FMLA), so long as the individual requires overnight hospitalization (as it commonly requires) and/or post-surgery recovery. Again, the employer must be subject to the FMLA, the employee must be FMLA eligible, and the employee must present acceptable medical certification supporting the need for leave.