In this series, we will explore some of the ways states vary from one another in their employment laws.
Oregon recently amended its paid sick leave law such that employees will be allowed to use available sick leave to donate blood once the amendment goes into effect on January 1, 2026. While Oregon is not the only state to protect employees' right to take leave to donate blood, bone marrow, and/or organs, Oregon's law is not necessarily reflective of every state law requiring such leave. In fact, donor leaves vary significantly from state to state.
For example, states differ regarding which employers are covered by donor leave laws. Arkansas (a state not known for its employee-friendly laws) allows protected donor leave to employees regardless of the size of their employer. California, Connecticut, and Maryland donor laws apply to employers of 15 or more employees. Conversely, Illinois, Virginia, and Wisconsin do not protect donor leave unless employees work for an employer with 50 or more employees. Some states such as Louisiana and South Carolina require at least 20 employees at one specific worksite.
Some states also have employee eligibility requirements. In Pennsylvania, for example, the employee must be FMLA eligible and must be donating an organ or tissue to a family member. Conversely, Arkansas' law protects only employees who are not FMLA eligible, theoretically, because FMLA-eligible employees have other protections in place to take leave. Wisconsin employees must have worked for the employer for at least 52 weeks and 1,000 hours to be eligible.
Different states also cover different types of donations. California, Illinois, Maryland, Pennsylvania, Virginia, and Wisconsin, for example, include organ donation. Hawaii includes peripheral blood stem cell donation. States such as New York and Oregon have narrower laws protecting only blood and bone marrow donation, and some states such as Louisiana only protect one or the other (bone marrow, in Louisiana's case).
These differences extend to the length of leave and whether that leave is paid. California employees may take up to 30 days' paid leave and 30 days' unpaid leave. Louisiana, Minnesota, and South Carolina require up to 40 hours of paid leave for bone marrow donation. Wisconsin provides six weeks, but it is unpaid. In short, no two state donor laws are exactly the same, and employers should take care to review state law if an employee seeks leave.
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