Pennsylvania Enacts New Leave Legislation; The Living Donor Protection Act

When new leave legislation goes into effect, insurance carriers need agile absence management solutions in order to adapt quickly. In this blog, you’ll learn key details on a recently passed bill in Pennsylvania, and how FINEOS is helping carriers remain in compliance.   

On April 27, the Governor of Pennsylvania enacted House Bill 203, the Living Donor Protection Act, providing leave protection for organ and tissue donation. Effective at the end of June 2021, the new law provides that federal FMLA-covered employers must provide FMLA-eligible employees with the same leave that the employee would otherwise be entitled to under the FMLA, to be used for the preparation and recovery for surgery for organ or tissue donation by or for the employee or the employee’s spouse, child, or parent.

The FMLA has previously issued an opinion letter clarifying that organ donation surgery and subsequent recovery can qualify an otherwise healthy donor for federal FMLA leave. Because employer coverage and employee eligibility under the PA Living Donor Protection Act is based upon the federal FMLA’s definition, the new PA Living Donor Protection Act will typically run concurrently with the FMLA.

What is FINEOS doing to prepare for the new law? 

FINEOS Absence will be adding the PA Living Donor Protection Act to its product offerings. By investing in modern, agile absence management systems like the cloud-based FINEOS Platform, insurance carriers will be able to respond quickly to changes in legislation and remain in compliance.

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