Back to Alabama

HB361 • 2026

Living organ donors; to prohibit discrimination in obtaining insurance coverage, provide paid medical leave for public employees who donate organs and a tax credit to private sector employers that provide similar paid leave to their employees

Living organ donors; to prohibit discrimination in obtaining insurance coverage, provide paid medical leave for public employees who donate organs and a tax credit to private sector employers that provide similar paid leave to their employees

Education Healthcare Labor Taxes
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Daniels
Last action
2026-04-17
Official status
Enacted
Effective date
Sections 1

Plain English Breakdown

The official text specifies 'without any additional actuarial risk' for insurance protections, meaning insurers can still act if there is a separate medical reason unrelated to donor status.

Alabama Living Donor Protection Act

This law stops insurance companies from treating living organ donors unfairly, gives paid time off to public workers who donate organs or bone marrow, and offers tax credits to private employers who provide similar leave.

What This Bill Does

  • Prohibits insurers from denying coverage, raising prices, canceling policies, or requiring people not to donate as a condition for renewal solely because they are living organ donors without additional actuarial risk.
  • Allows state employees with at least one year of service to receive up to 30 days of paid leave for donating an organ and seven days for bone marrow donation upon written request and approval.
  • Grants county, municipal, and other public workers the same paid leave benefits as state employees if they have worked there for at least one year.
  • Protects public employees from being fired, disciplined, or treated poorly for asking to use this special leave time.
  • Allows private employers to claim a tax credit equal to 25% of wages paid during organ donation leave, up to $2,000 per employee.

Who It Names or Affects

  • Insurance companies that sell life, disability, or long-term care policies in Alabama.
  • State government employees who have worked for at least one year.
  • County and city workers with at least one year of service.
  • Other public employees not covered by state or local rules but funded by the State General Fund or Education Trust Fund.

Terms To Know

Living Organ Donor
A person who gives all or part of an organ while they are still alive.
Actuarial Risk
The chance that a health event will happen, which insurers use to set prices; this law says donor status alone does not increase this risk unless there is additional medical evidence.
Tax Credit
An amount of money the government lets an employer subtract from their taxes owed as a reward for following specific rules regarding paid leave.

Limits and Unknowns

  • The tax credit for private employers only applies to tax years between January 1, 2027, and December 31, 2031.
  • Private employers must create a written policy that gives at least 15 days of paid leave without cutting pay or using up other vacation time to qualify for the credit.
  • The law does not require private companies to offer this leave; it only offers them money if they choose to do so.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SLEL378-1

R 576

Adopted

Plain English: This amendment creates new rules to stop insurance companies from treating living organ donors unfairly and requires state, local, and other public employers to give paid time off for employees who donate organs or bone marrow.

  • Insurance companies cannot deny coverage, raise prices, or cancel policies just because someone is a living organ donor if there is no extra medical risk involved.
  • State government workers with at least one year of service can get up to 30 days of paid leave for donating an organ or seven days for bone marrow without using their regular vacation time.
  • County and city employees who have worked for a year are also allowed the same amount of separate, paid leave for organ or bone marrow donation.
  • Other public workers not covered by state or local rules can get similar paid leave if they meet specific service requirements.
  • The provided text cuts off before finishing Section 5 and does not include the full details about tax credits for private employers mentioned in the bill title.
  • The exact process or amount of money involved in any potential tax credit is missing from this document.
5V7H8MM-1

Ways and Means Education

Ways and Means Education 1st Amendment

Plain English: This amendment changes the rules for state workers who donate organs by requiring them to have one year of service and setting specific time limits on their paid leave.

  • Only permanent state employees with at least one year of service can get this special paid leave.
  • Workers must ask their supervisor in writing and provide a doctor's note before getting approval for the leave.
  • The maximum amount of paid time off is limited to 30 days for organ donation or seven days for bone marrow donation.
  • This new type of leave will not use up any other vacation or sick days that an employee has already earned.
  • The amendment text does not explain the specific details about insurance coverage discrimination mentioned in the bill title, only focusing on paid leave rules.
  • It is unclear exactly which state agencies are included because the definition relies on complex legal references to other laws.
7B1MGEV-1

Ways and Means Education

Insurance 1st Substitute

Plain English: This amendment creates new rules in Alabama that stop insurance companies from treating organ donors unfairly, require government workers to get paid time off for donating organs or bone marrow, and offer tax breaks to private businesses that give similar paid leave.

  • Insurance companies cannot deny coverage, raise prices, or cancel policies just because someone is a living organ donor if there is no extra medical risk involved.
  • State employees with at least one year of service can get up to 30 days of paid leave for donating an organ or seven days for bone marrow without using their regular sick time.
  • County and city government workers also receive the same right to paid leave for organ donation, along with protection against being fired or punished for asking for it.
  • Private employers can get a state tax credit if they create a policy giving employees at least 15 days of fully paid leave specifically for donating an organ.
  • The provided text cuts off before explaining exactly how much money the tax credit is worth or what specific forms are needed to claim it.
  • It does not explain if these rules apply to part-time workers, only those who are permanently employed.
  • The bill mentions 'actuarial risk' but does not define in simple terms how insurance companies calculate that risk.

Bill History

  1. 2026-04-17 House

    Enacted

  2. 2026-04-09 House

    Delivered to Governor

  3. 2026-04-09 Senate

    Signature Requested

  4. 2026-04-09 House

    Enrolled

  5. 2026-04-09 House

    Ready to Enroll

  6. 2026-04-08 Senate

    Motion to Read a Third Time and Pass - Adopted Roll Call 1270 (Yeas 30, Nays 0)

  7. 2026-03-17 Senate

    Read for the Second Time and placed on the Calendar

  8. 2026-03-17 Senate

    Reported Out of Committee Second House

  9. 2026-02-25 Senate

    Pending Committee Action in Second House

  10. 2026-02-25 Senate

    Read for the first time and referred to the Senate Committee on Banking and Insurance

  11. 2026-02-24 House

    Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 577 (Yeas 104, Nays 0)

  12. 2026-02-24 House

    Motion to Adopt - Adopted Roll Call 576 (Yeas 104, Nays 0)

  13. 2026-02-24 House

    Third Reading in House of Origin (Yeas 104, Nays 0)

  14. 2026-02-24 House

    Engrossed

  15. 2026-02-24 House

    Ways and Means Education Engrossed Substitute Offered

  16. 2026-02-19 House

    Read for the Second Time and placed on the Calendar

  17. 2026-02-19 House

    Reported Out of Committee House of Origin

  18. 2026-02-19 House

    Ways and Means Education 1st Amendment

  19. 2026-02-19 House

    Insurance 1st Substitute

  20. 2026-02-12 House

    Re-referred to Committee in House of Origin

  21. 2026-02-12 House

    Read for the Second Time and placed on the Calendar

  22. 2026-02-11 House

    Reported Out of Committee House of Origin

  23. 2026-01-29 House

    Pending Committee Action in House of Origin

  24. 2026-01-29 House

    Read for the first time and referred to the House Committee on Insurance

Official Summary Text

This act is the Alabama Living Donor Protection Act. This act: (1) prohibits insurers from declining or limiting coverage of an individual solely because he or she is a living organ donor, requiring an individual to refrain from donating an organ as a condition for policy renewal, or otherwise discriminating against living organ donors; (2) authorizes state employees to receive up to 30 days leave when donating an organ and up to seven days leave when donating bone marrow upon submitting a written request accompanied by a doctor's verification and approval of the State Director of Personnel; (3) authorizes county and municipal employees and other public employees to receive up to 30 days leave when donating an organ and up to seven days leave when donating bone marrow upon submitting a written request accompanied by a doctor's verification and approval of the appointing authority, with protection from job-related retaliation or discrimination; and (4) beginning January 1, 2027 and ending December 31, 2031, authorizes private sector employers to claim a tax credit equal to 25 percent of the gross compensation paid to an employee for the period of leave taken, not exceeding $2,000, for affording employees up to 30 days of paid leave to make an organ donation, subject to the employer adopting a specific formal policy and not reducing pay.

Current Bill Text

Read the full stored bill text
HB361 ENROLLED
Page 0
HB361
SLEL378-3
By Representatives Daniels, Rigsby, Travis, Lands, Hendrix,
Warren, Ledbetter, Morris, Clarke, Forte, Lawrence, Chestnut,
Jones, Garrett, Lovvorn, Moore (M), Sellers, Shaw, DuBose,
Hulsey, Kiel, Shaver, Wilcox, Bedsole, Moore (P), Butler,
Lomax, Robertson, Whorton, Wadsworth, Rehm, Hammett, Marques,
Brown, Smith, Sorrells, Datcher, Crawford, Harrison, Paschal,
Allbright, Baker, Clouse, Paramore, Standridge, Yarbrough,
Carns, Bolton, Fincher, Starnes, Stubbs, Shirey, Lamb, Fidler,
Givens, Boyd, Lipscomb, Hurst, Lee, Mooney, Underwood, Ingram,
Pringle, Whitt, Collins, Stringer, Gidley, Blackshear,
Reynolds
RFD: Insurance
First Read: 29-Jan-26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
HB361 Enrolled
Page 1
First Read: 29-Jan-26
Enrolled, An Act,
Relating to organ donation; to prohibit insurers from
discriminating against organ donors in obtaining life,
disability, and long-term care insurance coverage; to require
the state and local governments to grant leave to employees
who donate an organ or bone marrow; and to establish a tax
credit for private employers who allow employees paid leave to
donate organs.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) This section may be cited as the Alabama
Living Donor Protection Act.
(b) For the purposes of this section, the following
terms have the following meanings:
(1) INSURER. Any entity that issues, delivers, or
renews a policy.
(2) LIVING ORGAN DONOR. An individual who donates all
or part of an organ and is not deceased.
(3) POLICY. Any of the following contracts:
a. Disability insurance as defined in Section 27-5-4,
Code of Alabama 1975.
b. Life insurance as defined in Section 27-5-2, Code of
Alabama 1975.
c. Long-term care insurance as defined in Section
27-19-103, Code of Alabama 1975.
(c) An insurer may not:
(1) Decline or limit coverage of an individual under
any policy solely, and without any additional actuarial risk,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
HB361 Enrolled
Page 2
any policy solely, and without any additional actuarial risk,
due to the status of the individual as a living organ donor;
(2) Require an individual to refrain from acting as a
living organ donor as a condition for renewal of a policy; or
(3) Otherwise discriminate in the offering, issuance,
cancellation, amount of coverage, price, or any other
condition of a policy based solely, and without any additional
actuarial risk, upon the status of an individual as a living
organ donor.
Section 2. (a) For purposes of this section, the term
"employee" means an individual who is employed by any
department, agency, or instrumentality of the State of Alabama
who is subject to Chapter 26 of Title 36 of the Code of
Alabama 1975, and who is a permanent employee with at least
one year of state service.
(b) An employee may be granted living donor leave with
pay for donating an organ or bone marrow, upon fulfillment of
all of the following conditions:
(1) Submission to the appointing authority of written
request for leave, accompanied by written verification from
the physician who will be performing the medical procedure.
(2) A recommendation for the leave, based on the
submission required in subdivision (1), by the appointing
authority.
(3) Approval of the State Director of Personnel.
(c) The leave granted may be for no more than 30 days
in the case of an organ donation and seven days in the case of
a bone marrow donation.
(d) Living donor leave shall be a separate
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
HB361 Enrolled
Page 3
(d) Living donor leave shall be a separate
classification of leave which shall not apply to or exhaust an
employee's accrued or available leave under any other leave
classification.
Section 3. (a) For purposes of this section, the
following terms have the following meanings:
(1) EMPLOYEE. An individual who is permanently employed
by a county or municipality.
(2) EMPLOYER. Any county or municipality of the state.
(b) An employee who has at least one year of service
with the employer may be granted living donor leave with pay
for donating an organ or bone marrow, upon fulfillment of both
of the following conditions:
(1) Submission to the employee's immediate supervisor
of a written request for leave, accompanied by written
verification from the physician who will be performing the
medical procedure.
(2) A recommendation for the leave, based on the
submission in subdivision (1), by the supervisor.
(3) Approval of the appointing authority or the
executive head of the employing department, agency, or
division of the employer.
(c) The leave granted may be for no more than 30 days
in the case of an organ donation and seven days in the case of
a bone marrow donation.
(d) Living donor leave shall be a separate
classification of leave which shall not apply to or exhaust an
employee's accrued or available leave under any other leave
classification pursuant to rule or policy of the employer.
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
HB361 Enrolled
Page 4
classification pursuant to rule or policy of the employer.
(e) An employer may not threaten, restrain, coerce,
discipline, discharge, terminate, or otherwise retaliate or
discriminate against an employee for requesting or using a
leave of absence as provided by this section.
Section 4. (a) For purposes of this section, the term
"public employee" means an individual who is permanently
employed by a department, agency, or other instrumentality of,
or entity affiliated with, the State of Alabama in which the
individual's compensation is derived in whole or in part from
funds appropriated in the State General Fund or Education
Trust Fund and who is not otherwise covered under Sections 2
or 3 of this act.
(b) A public employee who has at least one year of
service may be granted living donor leave with pay for
donating an organ or bone marrow, upon fulfillment of the
following conditions:
(1) Submission to the employee's immediate supervisor
of a written request for leave, accompanied by written
verification from the physician who will be performing the
medical procedure.
(2) A recommendation for the leave based on the
submission in subdivision (1) by the supervisor.
(3) Approval of the executive who directs the employing
instrumentality or entity.
(c) The leave granted may be for no more than 30 days
in the case of an organ donation and seven days in the case of
a bone marrow donation.
(d) Living donor leave shall be a separate
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
HB361 Enrolled
Page 5
(d) Living donor leave shall be a separate
classification of leave which shall not apply to or exhaust an
employee's accrued or available leave under any other leave
classification pursuant to rule or policy of the employer.
(e) An employer may not threaten, restrain, coerce,
discipline, discharge, terminate, or otherwise retaliate or
discriminate against an employee for requesting or using a
leave of absence as provided by this section.
Section 5. (a) In recognition that it is the policy of
the State of Alabama to encourage organ donation to
individuals in dire medical need, as set forth in Section
22-19-71.1, Code of Alabama 1975, the tax credit provided in
this section is intended by the Legislature to foster
employment conditions that encourage organ donation.
(b) For purposes of this section, the following terms
have the following meanings:
(1) MINIMUM LEAVE PERIOD. Fifteen days.
(2) TAXPAYER. A private sector employer.
(c) Effective for tax years beginning January 1, 2027,
and ending December 31, 2031, a taxpayer shall be entitled to
a state income tax credit for providing paid leave to
employees for the purpose of making an organ donation subject
to all of the following requirements:
(1) The taxpayer must adopt a formal, written policy
that allows an employee to take a paid leave of absence of no
less than the minimum leave period to undergo a medical
procedure to donate all or part of an organ to another
individual.
(2) The leave policy must be available without any
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
HB361 Enrolled
Page 6
(2) The leave policy must be available without any
reduction in pay, or loss of vacation time, compensatory time,
personal days, or sick leave for no less than the minimum
leave period.
(3) The leave policy may apply only to an employee for
whom the taxpayer is responsible for providing an IRS Form W-2
Wage and Tax Statement.
(4) The leave policy shall require the employee to
provide signed authorization to disclose to the taxpayer and
the Department of Revenue documentation from the employee's
medical provider which verifies the organ donation, in
compliance with the Health Insurance Portability and
Accountability Act of 1996 (HIPAA), 42 U.S.C. § 1320d et seq.
(5) The tax credit amount shall be equal to 25 percent
of the amount of gross compensation paid to the worker for the
period of leave taken, up to 30 days, credited to the
taxpayer's state income tax liability.
(6) The total amount that may be credited to the
taxpayer's state income tax liability for a tax year is two
thousand dollars ($2,000).
(7) If there is a medical determination after the
taxpayer's approval of the leave of absence that the employee
does not qualify as an organ donor, the amount of the tax
credit shall be limited to the amount of gross compensation
paid to the worker from the beginning of the leave period
through the day of the medical determination.
(8) If the amount of the credit exceeds the tax
liability for the year, the excess may be carried forward and
applied to the tax liability for up to the three succeeding
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
HB361 Enrolled
Page 7
applied to the tax liability for up to the three succeeding
tax years.
(9) A taxpayer may not sell or transfer any tax credit
that the taxpayer is eligible to claim under this section.
(d) The Department of Revenue shall adopt rules, forms,
and worksheets for the implementation of this section.
Section 6. This act shall become effective October 1,
2026, except Section 5 shall become effective January 1, 2027.
169
170
171
172
173
174
175
176
HB361 Enrolled
Page 8
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 24-Feb-26.
John Treadwell
Clerk
Senate 08-Apr-26 Passed
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207