Leave for Organ & Bone Marrow Donation

January 12, 2011 by Beeson Tayer & Bodine

Existing law requires that state employees who have exhausted all available sick leave be permitted to take a leave of absence with pay for up to 30 days for the purpose of organ donation, and up to five days for bone marrow donation. SB 1304 adds Sections 1508 to 1513 to the Labor Code to require private employers with 15 employees or more to permit employees to take similar paid leaves of absence for organ and bone marrow donation, and to restore an employee returning from such leave to the same position the employee held when the leave began, or to an equivalent position. The law also creates a private right of action for an aggrieved employee to seek enforcement of these provisions. This law took effect January 1, 2011, and the rights provided under SB 1304 cannot be denied by a CBA or employee benefit plan entered into on or after that date.

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