Date: December 14, 2005 re: Organ Donor Leave: Implementation of Chapter 99 of the Acts of 2005

M E M O R A N D U M
TO: Cabinet Secretaries, Department Heads, Secretariat HR Council, Human Resource

Directors, Labor Relations Directors, and Payroll Directors

FROM: Ruth N. Bramson, Chief Human Resources Director
DATE: December 14, 2005
RE: Organ Donor Leave: Implementation of Chapter 99 of the Acts of 2005
The purpose of this memorandum is to provide implementation instructions for the new paid Organ Donor Leave established by Chapter 99 of the Acts of 2005, which amends MGL, Chapter 149 by adding Section 33E, Live Organ Donation: Leaves of Absence without Loss of Pay. The full text of the new law, can be found at:

http://www.mass.gov/legis/laws/seslaw05/sl050099.htm

What does the new law do?
It increases the amount of paid Organ Donor Leave that state employees can qualify for, from the previous 5 days, to a total of 30 days in a calendar year. This is intended to cover the medical procedure and the period of recovery from it.
When is it effective?
It was enacted on September 29, 2005, and is therefore effective 90 days later. So, it applies to leaves commencing on or after December 28, 2005.
Who does it apply to?
Any employee of the Commonwealth, of any county, and of any city or town that accepts the provisions of this section is eligible for this leave. Therefore, for the Executive Departments, it applies to regular, part-time and seasonal employees, but not to contract employees or intermittent employees, who are not otherwise eligible for paid leave.

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What types of donations does it apply to?

It applies to leave taken by an employee to provide live organ donation to be transplanted into another individual. Live organ donation includes donation of kidney, liver, pancreas, lung, intestine or heart. It does not apply to bone marrow donation, which was originally added to HRD’s line item by Chapter 184 of the Acts and Resolves of 2002. Bone marrow donation remains at 5 paid days of leave, based on the current appropriation act. More information about live organ donation may be found at the following link:

www.optn.org/about/donation/livingDonation.asp

How much notice must I give?
If the need for the leave is foreseeable, you must give at least 7 days’ advance notice. If not foreseeable, then you must give notice as soon as practicable.
How do I request this leave?
Through your agency’s normal leave request process. Agencies should provide separate categories for bone marrow donor versus live organ donor leave on their request slips, to distinguish between the two leaves. Agencies may require further certification for this leave, consistent with the “[satisfactory medical evidence” section of the Red Book or Collective Bargaining Contracts]
Are my benefits protected while I am on this leave?
Yes, your time in position, creditable service, pay and GIC benefits are all protected while you are on this type of leave, as they would be with any other type of paid leave.
Can I use this leave intermittently?
Yes, for example if testing is required on a separate day to undergo the procedure.
How is this type of leave recorded on HR/CMS?
Organ Donor Leave is posted in HRCMS using the LWP (Leave with Pay) time reporting code.
If my employer denies this leave to me, what is my recourse?
An employee may file a complaint with the Attorney General’s Office under MGL Chapter 149, Sections 150 and 180.