FMLA and living donor

[[email protected]]

What is the name of your state? Michigan

I am having surgery to be a kidney donor to a non-family member. My employer is a university and I am eligible for FMLA. I went to my supervisor when I was maybe a possible match. She thought it was wonderful and OKed a couple of days here and there for more testing. She told me just to keep her informed in advance and there would be no problem with time off. She even directed me to go to HR to see if I was eligible for STD. She did tell me that it would most likely not be cover but to ask anyway.
When I told her that the next step with tissue typing and that if all went well, I would proceed with the procedure. She had no problem with it at that time.

I am a match and the surgery is set for Oct. 4, 2005. I wrote my supervisor to ask for my vacation time (2 weeks) plus additional personal leave. She said, "I'm sorry I can't give you the time off due to manpower but I will grant you your vacation". Surgery recovery time is 4-6 weeks. (I am a union employee and it is in our contract for personal leave up to 30 days but it must be approved by 2 supervisors starting with my direct supervisor). My union rep went to state that the union was behind my decision and appeal on my behalf to approve the time off and they wrote her up for disrupting the workplace!

Now, I never would have proceeded with testing if I knew that there may be a problem with work. Now I have to choose between my job and saving a life! I choose to proceed with donation.
I can't return to work after 2 weeks only. I have checked with many FMLA resources but can't find an answer to this question. Will FMLA cover this since it is an elective surgery (I am having the surgery on my vacation time though)? Any info would be greatly appreciated!
Thank you
Jackie L.

 

[ellencee]

[email protected]
FMLA is not applicable for non-family-related issues. The very name should be self-explanatory: Family Medical Leave Act.

You are looking at 4-6 weeks without pay, depending on your employer's requirement of returning to work after vacation in order to be paid for vacation.

By any chance does this university have a medical program associated with it? It would not speak well of a medical college's refusal to allow an employee to donate a kidney in order to save a life, especially if the surgery is to take place in an affiliated hospital.

The university most likely has a public relations department and you may find what you are seeking by talking with the PR department. You could suggest an article in local media about the university's employee who donated a kidney to a non-family member and the support provided by the university to facilitate the employee's ability to do so. Of course, it would help if you were the only identified and available donor.

If you are not the only identified and available donor and you can not afford to be without pay for 4-6 weeks and you can not afford to be unemployed after recovering from the surgery, perhaps you should pass this opportunity to another donor.

EC

 

[[email protected]]

She has been on a donors list for over a year with no matches. She is in need badly. So I am going to go through with it. I didn't expect my FMLA to cover her because she is a non-family memeber but myself. When I return from vacation (2 weeks in which I will donate then) I will not be able to work due to my serious condition. I was wondering if it cover myself because I will not be able to work. I know it's not covered to donate, but I am doing that I my time (vacation). Just wanted to know if it would cover me after having it done on my own time. Also, I will be getting help money wise by my family to pay my rent and utilities. I do know that it would be unpaid. That is not the problem. Can I loose my job?

Thanks for any info.
Jackie

 

[pattytx]

You could. The employer is not required to grant you additional leave just because you are doing a wonderful thing. I think, especially in their position, it would be a stupid thing to do, but it wouldn't be illegal.

 

[ellencee]

[email protected]
I can find nothing that would exclude you from qualifying for FMLA based only on the surgery that you are having. If cosmetic surgery that requires an inhospital stay qualifies the employee for FMLA, then why not for another type of elective I suggest you submit the request for FMLA and wait for approvall or denial, not verbally and casually as it appears has been done up to this point--follow your employer's procedure for submitting an FLMA request. If you are denied, contact the Department of Labor.
EC

 

[[email protected]]

Thank you for your input. I guess it will be a wait and see.

I contacted the vice president with the university for that dept.. (followed the chain of command) The vice president emailed me and said she submitted it back to my immediate supervisor for reconsideration. It could be a way of washing her hands clean of this issue. Well, I will just submit the FMLA paper work and pray all is good. That's all I can do from here. Thanks for taking time to help me out. I appreciate it very much.
Jackie

 

[Beth3]

It doesn't matter who the organ is going to. The FMLA-issue is whether the EMPLOYEE has a "serious medical condition." Having a kidney removed (even if it is voluntary) certainly qualifies.

tcats, you qualify for FMLA for this surgery and the recuperation period.