SB 1304 DeSaulnier

This bill requires employers with 15 or more employees to provide paid leaves of absences to employees for organ (up to 30 days) and bone marrow (up to five days) donation. This leave would not run concurrently with FMLA or CFRA leave. The employer may require as a condition of an employee’s initial receipt of bone marrow or organ donation leave that the 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. While the new statute does not specify, the legislative history appears to imply that the employer must pay the employee for the all time off not covered by the sick or vacation leave use, including those circumstances where the employee has no sick or vacation leave available to use.

The employer must restore an employee returning from leave for organ or bone marrow donation to the same position held by the employee when the leave began or an equivalent position, and continue paying health benefits for the employee while on leave. The employer is prohibited from interfering with an employee taking organ or bone marrow donation leave and from retaliating against an employee for taking that leave or opposing an unlawful employment practice related to organ or bone marrow donation leave. An employee may bring civil suit to enforce these provisions, with injunctive and equitable relief as available remedies.

Adds Part 5.5 (commencing with Section 1508) to Division 2 of the Labor Code.

Approved by the Governor and Chaptered by the Secretary of Senate on 09/30/10. Chapter 646 of the Statutes of 2010.