Maryland Organ Donation Leave – Md. Code Ann., Lab. & Empl. §§ 3-1401-1409 (Effective 10/1/2019)

Covered Employers: Employers with 15 or more employees in Maryland

Employee Eligibility: 12 months of service and 1,250 hours worked in the 12 months immediately preceding the absence

Entitlement: 60 business days of unpaid, job-protected leave in a 12 month period to serve as an organ donor.

Employer Notice: Not specified

Employee Notice: Not specified

Obligation to Provide Certification or Documents Supporting Need for Leave: Yes, to be eligible for leave, the employee must provide written physician verification to the employer that the employee is an organ donor and there is a medical necessity for the donation of the organ or bone marrow.

Paid: No. But if the employee taking the leave works on a commission basis, the employer must pay any commission that becomes due because of work the employee performed before taking leave.

Benefits: Employer must maintain group health coverage as though the employee had not gone on leave. Also, the employer may not consider any period of time during which an eligible employee takes organ donation leave to be a break to the employee's continuous service for the purpose of the eligible employee's right to salary adjustments, sick leave, vacation, paid time off, annual leave, or seniority.

Reinstatement: Employee is entitled to be reinstated to their position, or to an equivalent position with equivalent benefits, pay, and other terms of employment, however the employer may deny restoration of the employee's position of employment because of conditions unrelated to the exercise of rights under this leave law.

Other important definitions/requirements: The law does not diminish the obligation of an employer to comply with a collective bargaining agreement or an employment benefit program or plan that provides greater organ donation leave rights to employees than the rights established under this law.

Relationships with other Leaves: Does not run concurrently with Federal FMLA

Absence Specifications