California Labor &
Employment Law Blog
Aug 8, 2011

Organ Donation and Bone Marrow Leave Requirements Clarified

Topics: Employee Leave, New Laws & Legislation

As many employers will recall, California implemented a new employee leave entitlement last year requiring employers to provide employees with time off for purposes of donating an organ (30 days in a one-year period) or bone marrow (5 days in a one-year period). Last week, Governor Brown signed new legislation clarifying some issues surrounding this new leave. Specifically, the new legislation clarifies that the one-year period is a rolling 12-month period measured forward from the date an employee uses the leave. The legislation also clarifies that the leave entitlement is measured in business days, not calendar days, and that leave taken pursuant to these leave provisions is not considered a break in service for purposes of benefit accruals and seniority. Finally, the legislation clarifies that an employer mayrequire an employee taking bone marrow leave touseup 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.

The new legislation, SB 272.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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