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ORGAN & BONE MARROW DONATION LEAVE
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This information is intended to be a summary of laws and regulations applying to California employers. It should not be construed as legal advice. If further information is needed, please contact your labor attorney.
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Federal |
Condition |
California |
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No - Not in Federal law.
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Required? |
Yes - Employers with 15 or more employees. (Organ and Bone Marrow Donation Act of 2010, AKA: Michelle Maykin Memorial Donation Protection Act) (Labor Code Part 5.5 - commencing with Section 1508 - to Division 2)
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Paid/Unpaid? |
Grants right to paid leaves of absence for:
- Organ Donor Leave: 30 days in one-year period;
- Bone Marrow Donor Leave: 5 days in one-year period.
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Applies to?
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Employers with 15 or more employees and ALL employees with any length of service and any status.
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Reasons for leave? |
Donation or receipt of employee's body organ or bone marrow to another person.
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Duration?
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- Organ Donor Leave: Up to 30 days paid absence in 12 month period.
- Bone Marrow Donation Leave: Up to 5 days paid absence in 12 month period.
"An employer may require as a condition of an employee's initial receipt of bone marrow or organ donation leave that an employee take up to five days of earned but unused sick or vacation leave for bone marrow donation and up to two weeks of earned but unused sick or vacation leave for organ donation, unless doing so would violate the provisions of any applicable collective bargaining agreement."
"Notwithstanding existing law, bone marrow and organ donation leave shall not be taken concurrently with any leave taken pursuant to the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec 2601 et seq.) or the California Family Rights Act (Sections 12945.2 and 19702.3 of the Government Code)." Leave may be taken in one or more periods.
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Guaranteed return to work?
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Yes. Specifically to the same job with the same benefits.
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Guaranteed job assignment? |
Same position with the same seniority rights and benefits.
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Employer verification?
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Employer may require employee to provide a certification from the health care provider of the person requiring care. |
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Employer Restrictions & Penalties
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"An employer shall not interfere with, restrain, or deny the exercise or the attempt to exercise a right established by this [leave requirement]." "The court may enjoin any act or practice that violates this part and may order any equitable relief necessary and appropriate to redress the violation or to enforce this [leave requirement]." |
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