Made redundant after donating kidney.

[patlivekidney]

Hi all,

I am new to do this forum and just wondered if possibly anybody had experienced anything similar to mine which i will share below.

To cut a long story short i donated a kidney to my mother back in Feb 2020. I took a total of 12 sick days along with all my remaining holiday to recover. I have recently as of last week been made redundant. One of the scoring criteria was absence and i scored 1/5 due to my time off for the kidney donation. I have had no other time off at all with the company. I did challenge them on this and they were fully aware of the reasoning behind my time off. I engaged with them as early as possible and gave them plenty of notice in regards to the operation. I appreciate that this absence can be counted but morally this seems very unfair considering if it had not been counted i would not only have been safe and kept my job, but i would have scored higher than all my other team members (pool of 5).

If anyone has had any similar experiences I'd be interested to know.

Many Thanks

Pat

[LisaSnow]

That makes me mad. Go to your local news station and share your concerns with the public. That company needs some shaming to be taught a much needed moral lesson.

[patlivekidney in reply to LisaSnow]

Hi,

thanks for the reply. I have thought about this and it is something that i will likely do once my redundancy has been finalised etc. I have appealed and still awaiting the outcome but it doesn't look good. What makes it worse is that i work for a well know health & wellbeing brand...you'd think they would be more compassionate and understanding to something like this!

[WYOAnne NKF Ambassador in reply to patlivekidney]

That is a crime!! LisaSnow is right, you need to get the word out through your local news station. With organs in such a short supply and the list for those waiting getting longer and longer.....your experience would definitely discourage others from becoming an organ donor.Don't know what your job was....but you may be able to get another position with another company. They may hear your story, offer you a job, and get positive advertising for them because of it.

Thank you for becoming an organ donor! The world needs more people like you!

I had a kidney transplant in 1999 and think of my donor everyday!

Only the best wishes for you!

Please keep in touch!

[patlivekidney in reply to WYOAnne]

Hi,

Thanks for your message. I would like to think that another employer would agree that what i did was positive and should not have been an aspect in what made me redundant. It is very disappointing to know that the company/brand i work for have not used their discretion with this considering the area of work they specialise in.. I am very reluctant to share the company yet as things are still ongoing but will call them out once things are settled!

Pat

[LisaSnow]

Please also take the opportunity to share the importance of organ donation with the public!

[limloonglu]

Sorry to hear that . It is a good time to move forward and find a company with better fringe benefits.

[lkhenderson]

I have no experience with this type of situation but find it terribly sad. Use it as an opportunity to demonstrate the selfless act you performed by donating a piece of yourself to have more time with your mother and give her a qualify of life she deserved. You can inspire others and also show your former employer what it means to help others and support others.

[patlivekidney in reply to lkhenderson]

Hi,

Thanks for your message. I will for sure show my former employer what it means to help others!

Pat

[patlivekidney]

Hi,

I am in the UK. However i do work for an American Brand.

Thanks

[Kidney2014 in reply to patlivekidney]

I would agree with @minkcoat above - consult a lawyer if possible, one who offers pro bono services. Employment law is tricky as it varies so much by region even if you work for an American company. The laws will have to follow the region you live in and pay taxes in. In the States, there is protection under medical leave, and qualifies as short-term or long-term disability, if the company is self-insured (as you know, we don’t have national healthcare).

I know it might be exhausting to go through this route, but it’s your livelihood and health. And we have to advocate for ourselves to set the precedent. I really want to help if I can in any way. Keep us posted and good luck!

[Ynnep]

Hello patlivekidney,

I think your employer was very mean, doing this to you. I think you should have been granted some leeway as you gave plenty of notice and you were doing something very wonderful and brave. I don't know if there is anything you can do legally but even if there is and you did file a suit, it appears that it would make thing worse. They appear to be petty, small people. I have learned thru the years that what go around comes around. Some day these people will be faced with health problems and it will make them aware that they were wrong treating you this way. You are in my prayers and a a kidney recipient I thank you for your kindness and generosity.

[Shamara in reply to Ynnep]

How would a lawsuit make things worse if he is already gone and is on the losing end? I’m not trying to be rude but wrong is wrong!

[LisaSnow in reply to Shamara]

I was wondering the same.

[patlivekidney]

Hi,

Thanks for your message. I am somewhat in agreement with you in that i do believe things happen for a reason, however it's still a very hard decision to take. To think that people don't view what i and many others have done as an amazing thing is disappointing. It still does not take away the fact that it was the best thing i ever did. Having my mother live a full and healthy life is far more important than what these numpties think!

Pat

[Shamara]

I would contact an employment lawyer. I got a free consultation once in the past when I had an issue. If a company wants to get rid of you for any reason, they will pull out all the stops. This is highly unethical, but that policy doesn’t have stipulations it sounds like. This says a lot about them, and it’s not favorable. I’m so sorry. Please update the forum with the outcome if you can. I’m very curious to hear how this pans out. I’m not familiar with the laws there in the U.K. 💂‍♂️🤞😇

[Shamara]

Hi Pat. I did some reading online in regards to this. Please google , “ACAS Advisory Conciliation and Arbitration Service” and, “Citizens Advice UK.” These are places you could call or email to for a second opinion to see if you were unlawfully discriminated against. I believe you were. I read you can’t be made redundant for x amount of reasons, one is, “Family reasons.” Unless when you came back, your family health related operation impaired your work quality, I don’t see how they can get away with this?

Also, I find it suspicious that they said ok at the time and had plenty of notice, and didn’t mention you were risking losing your job because of the attendance policy, and now want to kick you to the curb!? You have to be with the company at least a year to get some kind of reparations it appears. It looks even better if you were there for 2+ years.

Thank you 🙏 for saving your mother 😇. I wish more people would be living donors. Good luck!!!💪🤛🤩

[Kbristow]

You may be protected under the Family Medical Leave Act (FMLA). Here is one of many articles about the topic: wagnerlawgroup.com/resource....

The highlights:

The U.S. Department of Labor ("DOL") released Opinion Letter FMLA 2018-2-A confirming that organ donation surgery can qualify as a "serious health condition" that is eligible for protection under the Family and Medical Leave Act of 1993 ("FMLA"). The DOL's opinion comes in response to an inquiry it received from Congresswoman Jaime Herrera Beutler (R-WA, 3rd District). Read the article; Congresswoman Beutler is AMAZING with her own kidney story.

Employer Takeaway

By issuing Opinion Letter FMLA 2018-2-A to confirm that organ donors may be eligible for FMLA leave, the DOL has provided important clarity to employers and individuals wishing to donate organs without jeopardizing their employment.

Here are some steps I would suggest:

1) Bring this letter from the United States Department of Labor to the attention of your HR department. If your company is one where the FMLA applies (I believe it's all public companies, and private companies with 50+ employees), then you will better understand how the policy protects you. The challenge will be to show that your dismissal was based on the fact that you took time off for surgery and recovery after organ donation. However, information is power and your knowledge of the law/policy will strengthen your case as you advocate for yourself.

2) Check your state laws about FMLA. (just Google your state and Family Medical Leave organ donor). Here in California where I live, the state laws provides very strong protections for organ donors. Your state may already offer legal protection for you.

3) While the Dept of Labor clarified that living donors are covered under the FMLA, it isn't technically law yet. That was an opinion letter, and insurance companies have agreed that organ donation is covered; however the clarification/opinion needs to be codified so companies and insurance companies have no standing legally to discriminate against living donors in employment or insurance based solely on their status as an organ donor. Go to the National Kidney Foundation website and find out more and write your Congress member to support the Living Donor Protection Act (LDPA). I'm happy to help you navigate the website. Here is an easy to read fact sheet here: kidney.org/sites/default/fi...

I've written my Congress member and have met with policy advisors in their offices to urge their support for the Living Donor Protection Act. I am so incredibly grateful for my living donor for my second chance at life. It is how we can all help to remove this barrier and offer protection for living donors. You can be one of the much needed voices to bring this issue to light. Most lawmakers will support it; we just need to be persistent in making them aware of this Act.

Best wishes to you. Keep us posted.

[patlivekidney in reply to Kbristow]

Hi,

Many thanks for your response however i am based in the UK so the law is different here. However i do work and represent a large well known American Health company so there may be some overlapping here in terms of protection. I'll keep you guys posted but it is not looking good. I will however push this all the way and get the message out there that this is a very unfair process and should not be used in such a way.

Pat