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Paid organ and marrow donor leave law now in effect

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in Employment Law,FMLA Guidelines,Human Resources,Office Management,Payroll Management

As of Jan. 1, California employers with 15 or more employees must provide up to 30 days of paid leave to employees making organ donations, and up to five days of paid leave to employees who donate bone marrow.

A new law, Public Chapter 646, mandates the leave.

To qualify for donor leave, employees must provide written verification that they are donors and that there is a medical necessity for the donation.

Employers may require employees taking organ donor leave to use up to 15 days of their accrued paid time off. They may require marrow donors to exhaust five days of accrued sick or vacation leave. However, employees who have exhausted all their accrued leave are still entitled to paid time off for the entirety of their donor leave.

Employers that offer group health coverage must maintain it for employees on donor leave. In addition, employers may not treat donor leave as a break in continuous service. Thus, employees are entitled to continue to accrue paid time off and other benefits while they are on leave.

Leave for organ and bone marrow donation does not run concurrently with leave under the FMLA or the California Family Rights Act.

The new law prohibits retaliation against employees who take donor leave. Employees who take donor leave are entitled to return to the same or an equivalent position.

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