The California Labor code now incorporates provisions that stipulate that employers must provide organ donor and bone marrow leave. The law, which is scheduled to be operational as from January 2011, requires that employee organ donors be granted up to 30 days paid leave within a one-year period.

Employees who donate bone marrow are also to be granted 5 days paid leave within the same period.

The law goes on to state that the employer must not deem this leave as a break in service due to the employee’s claim to sick leave, holiday, salary adjustments, paid time off or duration of service. The employer must also retain the employee on any group health coverage it offers employees at the time of the leave.

A written verification that the employee is indeed an organ or bone marrow donor and that there is a medical necessity for the donation, will be required so as to qualify the employee for such a leave.

In case of any accumulated but unused leave of any other nature, the employer may require that this be credited against the 5-day leave for bone marrow donation. Upon the end of the leave, the employer must reinstate the employee to his former employment position or its equivalent.

The provisions also bar employers from stopping their employees from taking an organ or bone marrow donation transplant or imposing unlawful employment practices related to the leave. Should an employer violate the new laws, employees are given the green-light to file a suit action.

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