HR-416 Organ and Bone Marrow Donor Leave

Summary

The University provides paid time off to eligible employees who are organ or bone marrow donors.

Organ and bone marrow donor leave is paid leave to be used only during the approved leave time for a qualifying event as defined in this rule. Paid leave is not to exceed the number of hours of the employee’s regular work schedule, with 99% to 75% FTE employees to receive leave on a pro-rata basis.

If any part of this policy does not reflect the Collected Rules and Regulations (CRR), the provisions of the CRR will govern.

HR Policy Provisions

HR-416 policy provisions below are in accordance with CRR 340.035 (effective 12-01-19):

1. Purpose – The University of Missouri will provide a leave of absence with pay to eligible employees for organ and bone marrow donation and recovery.
2. Eligibility – The following positions are eligible for organ and bone marrow donor leave, regardless of the funding source of their salaries:
   
   1. Staff – Benefit-eligible Administrative, Service, and Support employees as defined in Section 320.050 of the Collected Rules and Regulations who have completed at least one year of continuous benefit-eligible employment immediately before the leave; and
   2. Academic – Benefit-eligible academic appointments as defined in Section 320.050 of the Collected Rules and Regulations who have completed at least one year of continuous benefit-eligible employment immediately before the leave.
3. Qualifying Events – Donations covered under this policy include solid organ and bone marrow donation, upon approved application.
   
   1. Solid Organ – Solid Organ is defined as an internal organ that has a firm tissue consistency and is neither hollow (such as the organs of the gastrointestinal tract) nor liquid (such as blood). Such organs include the kidney, liver, lungs, and pancreas.
   2. Bone Marrow – Bone marrow is defined as the soft tissue that fills human bone cavities.
   3. Employees are only eligible for leave if the employee is the person serving as the donor.
4. Approval
   
   1. All Organ and Bone Marrow Donor Leave requests are subject to approval by the appropriate university, MU Health Care, or UM System Human Resources office.
   2. The employee should provide thirty (30) days advance notice. Otherwise, the employee must notify the University as soon as practicable upon learning of the need for leave. The employee must make a reasonable effort to schedule the treatment so as not to unduly disrupt the University’s operations.
   3. The employee must provide complete and sufficient medical documentation to Human Resources in support of the request for organ and bone marrow donation leave. The documentation must indicate the employee has been approved as an organ or bone marrow donor and the anticipated date of donor treatment and recovery time.
   4. If the employee and medical procedure qualify for leave under the Family and Medical Leave Act, the time off will count against faculty or staff member’s FMLA entitlement.
   5. Employees approved for an LOA shall have a reasonable assurance of returning to the same or similar job after the leave.
5. Time Off Available
   
   1. Solid Organ Donation Leave – Up to thirty (30) consecutive calendar days of paid leave may be approved for organ donation.
   2. Bone Marrow Donation Leave – Up to seven (7) consecutive calendar days of paid leave may be approved for bone marrow donation.
   3. Leave is available for a continuous absence associated with donation and recovery.
6. Compensation and Benefits
   
   1. Organ and Bone Marrow is paid leave without the loss of accrued paid time off (e.g., PTO).
   2. Employees approved for leave will receive the base rate of pay, plus applicable shift differential per HR-213 Shift Differential, for the employee’s regularly scheduled work hours (See CRR 340.035).
   3. Additional leave of absence (LOA) information
      

      1. Employees continue to accrue paid time off (PTO) during paid LOAs.

         1. The period of paid and unpaid leaves of absence are counted as length of service in computing PTO accrual rates.

         2. PTO accruals become available to the employee after returning to work in an active status.

      2. Employees eligible for other available leave during approved LOAs (e.g., holiday pay, winter break pay) are eligible to receive such pay during a paid LOA. However, in no case should the combination of paid leaves exceed the employee’s base pay.
      3. During a paid and unpaid LOA, employees are eligible to continue participation in the university's employee benefit programs (medical, dental, life, vision, etc.). Employees are responsible for their portion of the premium costs for coverage to continue.
      4. During a paid LOA, employee contributions to retirement programs and other required deductions (e.g., garnishments) will continue. Voluntary deductions will continue unless approved or directed to stop by the authorizing organization (e.g., parking, union dues).
      5. Whether or not a paid or unpaid LOA is credited towards vesting, service, or salary credit for members of the Defined Benefit Plan or Hybrid Plan is based on the type of leave granted (e.g., FMLA Leave or Personal Leave) in accordance with CRR 530.010. For participants in the Defined Contribution Plan, the leave period is not considered a break in service in calculating vesting service.
7. Coordination of organ and bone marrow leave with short-term disability – Employees who are approved for both short-term disability for the employee's own serious health condition pursuant to HR-309 and organ/bone marrow leave for the same qualifying reason will receive eligible pay in the following order unless otherwise requested:
   
   1. Organ and bone marrow leave
   2. Short-term disability leave
8. Return to Work – A health care provider’s statement must be presented before the employee may be returned to work. The return-to-work statement must document the nature and duration of work restrictions if any. If the employee is able to return to work earlier than the date indicated, the employee will be required to notify the supervisor and/or the applicable Human Resources office at least two (2) workdays before the date the employee intends to return for work.
9. Failure to Return to Work – If an employee fails to return to work following the expiration of the leave and has not requested further leave, the employee may be considered to have voluntarily resigned from the University as of the day their leave expired.
10. Procedures
    
    1. A. Requests for Leaves of Absence (LOA) must be approved before time off is taken.
    2. A personnel action form (ePAF) and Leave of Absence form, if applicable, must be processed.
    3. Upon return to work, an ePAF is required to return the employee to active payroll status.
    4. Should an employee fail to return to work upon expiration of an LOA, the department is responsible for initiating procedures to terminate the employee's service. An ePAF must be processed to timely terminate employment.

See Also

HR-309 Short-Term Disability Plan
HR-407 Family and Medical Leave Act (FMLA)
HR-407 Family and Medical Leave Act Q&As

Date Created: 12/01/2019
Updated: Posted 12/23/2023 with an effective date 01/01/2024