Virginia allows up to 60 unpaid business days of organ donation leave in any 12-month period for an organ donor (Virginia Legislative Information System). The same section caps bone marrow donor leave at 30 unpaid business days in any 12-month period. Identify the donor type on the request before you count the requested days, and check that count against the matching cap before you change any shift.
Minnesota's section on paid bone marrow leave says the combined length of the leaves may not exceed 40 work hours unless agreed to by the employer, according to Minnesota Revisor of Statutes. That figure applies to Minnesota requests, so keep it off Virginia and Washington requests. Write each state on the request record so the right cap is checked first.
Key takeaways on donor leave limits
- confirm which state's rule covers each request before you move any shift.
- compare the requested days or hours with the cap in that state's rule.
- keep the Minnesota limit of 40 work hours off Virginia and Washington requests.
- record notice dates and any verification requests on the same request record.
Why donor leave requests reach your schedule
A donor leave request can reach the shift lead before anyone compares it with the weekly schedule. Start by reading the request for the dates, the hours the employee normally works in that range, and the type of leave the employee wants. Write those answers down before you open the schedule.
Dates and hours do not always line up. A request may cover full shifts, partial shifts, or a run of weeks, so count the scheduled hours inside the leave window rather than the calendar days alone. Mark the posted shifts that fall inside the window, and keep a copy of the marked schedule with the request. For related swap steps, see Shift swap mechanics.
Check the request against the leave rule before any shift moves. Compare the requested leave with the state section that matches the employee's situation, and note any notice requirement and any verification request on the same record. Sort requests by state before you assign coverage, so each request is checked against one state's section.
Who the rules cover
The Virginia section says an employer shall provide an eligible employee organ donation leave, according to Virginia Legislative Information System. Read the full Virginia section to see how eligibility is set before you decide who qualifies. Until you have read it, treat the request as pending and note the date you asked the employee for the information you need to confirm the category.
Minnesota's rule names an employee who seeks to undergo a medical procedure to donate bone marrow, according to Minnesota Revisor of Statutes. Confirm with the employee that the planned procedure is a bone marrow donation before you schedule paid leave under that rule. A request for another reason goes to the person who sets leave policy for your team.
Washington's rules refer to leave taken for a purpose described in RCW 49.76.030, according to Washington State Legislature. Read the section that RCW 49.76.030 points to before you apply the notice and election rules to a request. Note on the request record which section you used, so the decision can be traced later.
Virginia's text refers to collective bargaining agreements and employment benefit plans, according to Virginia Legislative Information System. Read any agreement or plan an employee cites next to the Virginia section, and note the agreement name and section number on the request.
Ask each employee which state they work in and which leave section they are asking under. Employees may not know the section name, so record their description of the reason for the leave exactly as they give it, and store that description with the request.
The table below is a reference for the quoted sources.
| Publisher | Quoted wording | Qualifier in the quote |
|---|---|---|
| Virginia Legislative Information System | "up to 60 business days of unpaid organ donation leave in any 12-month period" | "unpaid" and "in any 12-month period" |
| Minnesota Revisor of Statutes | "may not exceed 40 work hours, unless agreed to by the employer" | "unless agreed to by the employer" |
| Washington State Legislature | "an employee shall give an employer advance notice" | timing consistent with the employer's stated policy, if the employer has such a policy |
Virginia: organ and bone marrow leave days
Virginia leave caps for organ and bone marrow donors
Virginia's cap for an organ donor is larger than its cap for a bone marrow donor, according to Virginia Legislative Information System. The caps are stated in business days, so count the requested days that way rather than by calendar day. Write the donor type and the count on the request before you post the shift.
The 12-month period applies to both caps, according to Virginia Legislative Information System, so each cap is measured across that period rather than the current schedule week. Keep a running total for each employee across the period, update it each time you approve a day of leave, and show the remaining days on the request. If a request runs across more than one 12-month period, record the date each period starts so the totals stay separate.
Illustrative example: counting an organ donor request
A shift lead receives a request from an employee who will serve as an organ donor for 10 business days of leave in one 12-month period. The Virginia cap for an organ donor is 60 business days, so the request sits within the cap. The lead still records the donor type, the 10 requested days, the days remaining under the cap and the period start date before posting any shift.
Virginia bars concurrent Family and Medical Leave Act leave
No employee shall take organ donation leave concurrently with leave taken under the federal Family and Medical Leave Act, according to Virginia Legislative Information System. When a request involves federal leave, decide which leave the employee is taking before you post the shift. Note the federal leave dates on the request so the organ donation dates do not overlap them in the schedule.
Pick a single leave type for each request before you assign coverage. If the employee asks for both at once, return the request for a decision before you change any shift. Record the date you returned the request and the name of the person who will decide it.
Virginia's text says the section does not diminish an employer's obligation under a collective bargaining agreement or an employment benefit plan that provides organ donation leave sufficient to meet the requirements of this article, according to Virginia Legislative Information System. Compare any agreement the employee cites with that obligation before you approve leave, and file a copy with the request. If the agreement gives leave in a different amount, note that amount on the record rather than guessing which one applies.
Minnesota: paid bone marrow leave and the 40-hour cap
Minnesota combined leave cap of 40 work hours
The combined length of the leaves may not exceed 40 work hours unless agreed to by the employer, according to Minnesota Revisor of Statutes. Record the employer's agreement as a separate entry if a longer total is approved, so the 40 work hour figure stays visible on the record.
The same Minnesota text says the employee determines the combined length of the leaves, according to Minnesota Revisor of Statutes. Ask the employee for the planned total in writing before you rebuild the schedule, and compare it with the 40 work hour cap. If the planned total is above the cap, send the question to the person who can agree to a longer total.
An employer must grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow, according to Minnesota Revisor of Statutes. Mark those hours as paid leave on the schedule and keep them separate from any unpaid hours on the same request. Use the procedure date as the anchor for the entries so the paid hours line up with the calendar.
If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence granted before that determination is not forfeited, according to Minnesota Revisor of Statutes. Keep those paid hours on the record and do not remove them from the timesheet. Note the determination date next to the leave entries so reviewers can follow the sequence.
The section does not prevent an employer from providing leave for bone marrow donations in addition to leave allowed under this section, according to Minnesota Revisor of Statutes. Log any extra leave on a separate line from the paid leave entries, with the reason and the approval date.
Washington: notice and which time off staff can use
Washington advance notice tied to stated policy
As a condition of taking leave for a purpose described in RCW 49.76.030, an employee shall give an employer advance notice, according to Washington State Legislature. Record the date the notice arrives on the request before you post coverage. Keep the notice with the request so a reviewer can compare it with the leave date later.
The timing of that notice shall be consistent with the employer's stated policy for requesting such leave, if the employer has such a policy, according to Washington State Legislature. Pull your stated leave-request policy and compare its timing with the notice date. If your employer has no such policy, note that on the request rather than assuming a timing rule.
If an employer requires verification, verification must be provided in a timely manner, according to Washington State Legislature. Ask the employee for verification in writing, log the date it arrives, and keep the item open until it does. Pass the open item to the person who approves leave, so the schedule decision waits for that answer.
Washington staff can elect the type of time off
An employee who is absent from work pursuant to RCW 49.76.030 may elect to use the employee's sick leave and other paid time off, compensatory time, or unpaid leave time, according to Washington State Legislature. Ask the employee which option they want and write the answer on the request before you post the shift. Record the option as the employee's choice, not as an assignment you made.
The choice belongs to the employee under that wording, so do not assign a type of time off for them. Post the chosen type on the schedule so the timesheet matches the leave the employee picked. If the employee changes the choice later, update the schedule and the request record together before the timesheet closes.
Records to keep for each request
Keep the request date, the leave type the employee chose, and the state section you checked on one record for each request. Add the date you posted each schedule change beside those entries so the sequence is clear. Store the record where the shift lead and the timesheet reviewer can open it. For the timesheet side, see Timesheet approval and edit rules.
Write the date the Washington notice arrived and the date your stated policy calls for side by side on the record. Add a short, factual note if the two dates differ, and ask the employee to confirm the notice date when the record is unclear.
Store any verification document with the request and record the date you received it. Keep the verification record separate from the approval decision so each step can be found, and review stored items at the end of each pay period.
File each bone marrow donation request under the state that governs it, and label the file with that state name. Close the file only after the leave entries and the request agree.
Related guides
Next step before the next schedule is posted
Add the leave limits for your states to your call-out and time-off request form today, before the next schedule is posted.
FAQ
How many days of organ donation leave does Virginia allow?
Virginia's text sets up to 60 business days of unpaid organ donation leave for an organ donor, in any 12-month period, according to Virginia Legislative Information System. The same text sets up to 30 business days of unpaid organ donation leave for a bone marrow donor, in any 12-month period. Check the donor type on the request before you approve it.
Can donor leave run at the same time as Family and Medical Leave Act leave in Virginia?
No. Virginia's text says no employee shall take organ donation leave concurrently with leave taken under the federal Family and Medical Leave Act, according to Virginia Legislative Information System. Ask the employee which leave the request is for before you change the schedule. Keep that answer on the request record.
What is the Minnesota cap on combined bone marrow leaves?
The employee determines the combined length, so record that number before any shifts are assigned. The cap belongs to Minnesota requests and does not apply to Virginia or Washington requests.
Can a Washington employee use sick leave for protected absences?
Yes. Washington's text says an employee who is absent from work pursuant to RCW 49.76.030 may elect to use the employee's sick leave, according to Washington State Legislature. The same wording also lists other paid time off, compensatory time, and unpaid leave time as options the employee may elect. Write down the option the employee chooses before anything goes on the posted schedule.
Does Minnesota require paid leave for a bone marrow donation procedure?
Yes. Minnesota's text says an employer must grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow, according to Minnesota Revisor of Statutes. Hours taken under that duty count as paid leave on the schedule. Keep them separate from unpaid hours in the same request record.
Can a Minnesota employer give more bone marrow leave than the section requires?
Yes. Minnesota's text says the section does not prevent an employer from providing leave for bone marrow donations in addition to leave allowed under that section, according to Minnesota Revisor of Statutes. Keep any extra leave apart from the paid hours when you total the request. Confirm the extra leave is recorded before the timesheet closes.