Leave for Organ Donation– – –Leave for Organ Donation
Who qualifies for leave for Organ Donation?Employees who have worked for their employer for at least 30 days. Employees must provide a certificate from a doctor stating the start and end dates for the period of time necessary to donate the organ and recover from the procedure.How long is the leave?The leave is up to 13 weeks. The employee can take leave for the period of time stated in the doctor's certificate.If I have not recovered, can I extend this leave?Yes. An employee is entitled to extend his or her leave, by up to an additional 13 weeks, if a doctor provides another certificate stating the time period needed to finish recovering.Does the employer need to pay during the leave?No, the legislation only requires employers to provide time off and allow employees to return to their job when the leave has ended. Employers are not required to pay wages during the leave. Employers can, and often will, give greater benefits than those provided for in the legislation.How do employees start a Leave for Organ Donation?The need for this type of leave can be unpredictable. Employees must give, in writing, as much notice as possible to their employer.What happens when the leave ends?Employees must be allowed to return to their job, or a comparable job with the same or greater benefits and pay, when they return from leave. Employers may not discriminate or attempt to punish employees for taking a leave.What if an employee wants to end the Leave for Organ Donation early?Employees who wish to return to work before their leave has ended must give their employer written notice of their intent at least one pay period before the day he or she wishes to end the leave.For more information contact the Employment Standards Branch:
This is a general overview and the information used is subject to change. For detailed information, please refer to current legislation including The Employment Standards Code and The Worker Recruitment and Protection Act, or contact the Employment Standards Branch to ask for advice. Date Published: June 22, 2011 |
