Legal Question in Medical Leave in Florida

Organ Donor

My sister-in-law is currently on dialysis and the kidney transplant list. My brother-in-law is a match and is planning on dontaing one of his. His employer is giving him a hard time about being out of work. Wouldn't this fall under FMLA?

Asked on 7/23/07, 9:33 am

2 Answers from Attorneys

Bonita Riggens Law Office of Bonita M. Riggens

Re: Organ Donor

For him to be covered by the FMLA certain conditions must be met. For starters, the employer must have 50 or more employees within a 75 mile radius. For other requirements, go to where you can find all the FMLA requirements.

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Answered on 7/23/07, 10:48 am

Re: Organ Donor

Sorry but no, sister-in-laws are not covered. Just kids, spouses and parents. Check out the regulations under FMLA at

Your husband should check his employee manual to see what his leave rights are. Sometimes sick leave covers situations like this, but it's up to the policy. If nothing else, he should be allowed to use vacation time if he has it.

If it's a supervisor giving him the hard time, perhaps he can talk to HR or a higher up. They should be sympathetic and applaud him in this situation, not give him grief. After all, he's trying to save your sister's life when you come down to it. How would the supervisor feel if it was his family?

Good luck to both your sister and husband with the surgery!

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Answered on 7/25/07, 8:49 am

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