Donating an organ or bone marrow is a profoundly selfless act that saves lives. In recognition of the vital importance of organ and bone marrow donation, California law protects employees from job loss and other adverse consequences that might otherwise result from the decision to donate.
Who is covered?
California’s donor leave law generally applies to private and public employers with 15 or more employees, and to employees who have worked for the employer for at least 90 days before taking leave. Employers with fewer than 15 employees are not subject to these donor-leave requirements, though they may still choose to provide similar benefits.
To be eligible for organ or bone marrow donor leave, an employee must provide the employer with written verification that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation.
How much leave is available?
Under Labor Code section 1510, covered employers must provide the following leave in a one-year period:
- Organ donation:
- Up to 30 business days of paid leave.
- Up to an additional 30 business days of unpaid leave,
- Bone marrow donation:
- Up to five business days of paid leave.
The one-year period is measured from the date that the employee’s leave begins.
Use of accrued paid time off
The donor leave statute allows employers to require employees to use a limited amount of their existing paid time off while on donor leave. Specifically:
- For organ donation, an employer may require an employee to use up to two (2) weeks of accrued sick leave, vacation, or paid time off.
- For bone marrow donation, an employer may require an employee to use up to five (5) days of accrued sick leave, vacation, or other paid time off during the paid donor leave period.
Job protection and benefits during leave
Employers may not treat organ or bone marrow donor leave as a break in an employee’s continuous service for purposes of salary adjustments, sick leave, vacation, paid time off, annual leave, or seniority.
Upon returning from donor leave, the employee must be reinstated to the same position held when the leave began or to a position with equivalent seniority, benefits, pay, and other terms and conditions of employment.
Employers must also maintain and pay for coverage under a group health plan for the full duration of the leave in the same manner that the coverage would have been maintained if the employee had been actively at work during the leave period.
If you have questions about organ or bone marrow donor leave, call 916-612-0326 or email [email protected]. Finley Employment Law serves clients throughout California, including Sacramento, Roseville, Davis, Folsom, and Elk Grove.
The information in this blog post is for general informational and advertising purposes only and is not, nor is it intended to be, legal advice. Instead, you should speak with a California employment attorney for advice regarding your individual situation.