(a) Subject to subparagraph (b), the employer shall grant the worker the following leave with pay: (h) The leave provided for in this section may be taken in one or more periods, but may in no case exceed the amount of leave prescribed in point (a). (d) This Part is without prejudice to an employer`s obligation to comply with a collective agreement or benefit plan that gives employees higher leave entitlements than those provided for in this Part; (b) In order to obtain leave in accordance with paragraph (a), an employee must prove in writing to his or her employer that he or she is an organ or bone marrow donor and that there is a medical need for the donation of the organ or bone marrow. 1. A leave of not more than 30 working days for a worker who is an organ donor for a period of one year for the purpose of donating organs to another person.  The one-year period is measured from the date of the beginning of the employee`s leave and consists of 12 consecutive months. The law currently requires private employers with 15 or more employees to grant their employees up to 30 working days of paid leave for organ donation and up to 5 working days of paid leave for bone marrow donation over a period of one year (measured from the date on which the employee`s leave begins over the 12-month period). The amendment to the law grants organ donors an additional 30 working days of leave without pay. Employees are also required to provide their employer with written proof of their involvement in organ donation or bone marrow donation. The examination should also include information indicating that the procedure is medically necessary. Now, Gov. Gavin Newsom has signed AB 1223, which extends the amount of leave an organ donor can take. Private employers must now allow a maximum of 30 additional working days of leave without pay. The new law will enter into force on 1 January 2020.

Prior to the enactment of AB 1223, Labour Code 1510(a)(1) provides that an employer must grant paid leave to an employee for up to 30 working days over a period of one year in order to donate the employee`s organ to another person. The employee must prove that he or she is participating in an organ donation program and that there is a medical need for organ donation. Employees are also required to provide their employer with written proof of their involvement in organ donation or bone marrow donation. The verification should also include that the procedure is medically necessary. Organizations are responsible for informing their employees of eligibility for bone marrow and organ donation leave. Currently, California law requires private employers of 15 or more employees to grant employees 30 days of paid leave over a one-year period when an employee participates in an organ donation. Employers are also required to offer bone marrow donors five days of paid leave. Successfully interpret and apply California labor law to your company`s human resources practices. Time spent by employees on leave under the amended Act does not constitute an interruption of service for seniority, paid leave, sick leave or leave, and employers are required to maintain and pay health insurance coverage under the same conditions as before the leave. Employers may require their employees to initially take up to two weeks of accumulated paid leave for organ donation and up to five days of accumulated paid leave for bone marrow donation. However, leave under the law cannot be granted at the same time as job-protected leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). An employee can use up to 7 days of paid leave each calendar year to serve as a bone marrow donor.

An employee can also use up to 30 days of paid leave per calendar year to serve as an organ donor. Bone marrow and organ donation leave is a separate category of leave in addition to annual leave and sick leave. As of January 1, 2020, organ donors in California will be eligible for an additional 30 business days of unpaid leave. AB 1223 extends the maximum vacation duration for employees participating in an organ donation program. This law applies to private employers with 15 or more employees. Employee leave cannot be taken at the same time as job-protected leave under the Family and Medical Leave Act (FMLA) or the Moore-Brown-Roberti Family Rights Act (CFRA). The employee`s leave does not constitute an interruption of the employee`s uninterrupted service for the purposes of seniority, paid leave, sick leave, leave or the right to a salary adjustment. However, the employer may require the employee to take up to two weeks of paid paid leave, leave or leave earned but not used. California`s paid leave for bone marrow donations law remains unchanged. Employers provide paid leave to employees who donate bone marrow for five business days. (f) An employer may require, as a condition of an employee`s initial receipt of bone marrow or organ donation leave, that an employee take up to five days of sick leave, leave or paid leave earned but not used for bone marrow donation and up to two weeks of sick leave, leave or leave with pay earned but not used for organ donation.

unless this would be contrary to the provisions of an applicable collective agreement. AB 1223 adds paragraph (b) to the Labour Code 1510, which requires an employer to grant organ donors an additional 30 working days of leave without pay. The leave may be taken during one or more periods of a calendar year, from the date on which the employee`s leave begins. (g) Notwithstanding applicable law, leave for bone marrow and organ donation may not be taken at the same time as leave taken under the Federal Family and Medical Leave Act of 1993 (29 U.S.C Sec. 2601 et seq.) or the Moore-Brown-Roberti Family Rights Act (Sections 12945.2 and 19702.3 of the Government Code). (c) A period during which a worker is required to remain off duty because he is an organ or bone marrow donor does not constitute an interruption of his uninterrupted activity with regard to his right to salary adjustments, sick leave, leave, paid leave, annual leave or seniority.  During a period during which an employee takes leave under paragraph (a), the employer must maintain and pay the coverage of a group health care plan under section 5000(b) of the Internal Revenue Code of 1986, 1 for the entire duration of the leave, just as the coverage would have been maintained if the employee had been active at work during the period of leave. During her law studies, Ms. Khatib served as Chair of Asylum Issues Writing for the UC Davis Moot Court Honors Board, where she worked on the issue for the 11th Annual National Asylum and Refugee Law Moot Court Competition. She was also editor-in-chief of the UC Davis Business Law Journal.

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