Leave requirements for organ and bone marrow donations clarified

By CMTA Staff

Capitol Update, Aug. 12, 2011

Last year, Governor Schwarzenegger signed SB 1304 (Mark DeSaulnier, D-Concord), a bill that required employees to provide leave for employees making organ or bone marrow donations.  The legislation provided employees with 30 days of time off for organ donations or five days for bone marrow donations in a one-year period.

This year, DeSaulnier authored SB 272 to clarify the implementation of this new law.  Last week, Governor Brown signed it.

It clarifies that the one-year period is a rolling 12-month period measured forward from the date an employee uses the leave.  Also clarified is that the leave entitlement is measured in business days, not calendar days, and that leave taken pursuant to these provisions is not considered a break in service for purposes of benefit accruals and seniority.  Finally, it allows an employer to require an employee taking bone marrow leave to use up to five days of accrued paid time off, and an employee taking organ donation leave to use up to two weeks of accrued paid time off.

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