BILL NUMBER: SB 1304	CHAPTERED
	BILL TEXT

	CHAPTER  646
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2010
	PASSED THE SENATE  JUNE 2, 2010
	PASSED THE ASSEMBLY  AUGUST 26, 2010
	AMENDED IN SENATE  MAY 18, 2010
	AMENDED IN SENATE  APRIL 19, 2010

INTRODUCED BY   Senator DeSaulnier
   (Coauthor: Senator Liu)
   (Coauthors: Assembly Members Eng, Furutani, and Swanson)

                        FEBRUARY 19, 2010

   An act to add Part 5.5 (commencing with Section 1508) to Division
2 of the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1304, DeSaulnier. Employment: leave and benefits.
   Existing law requires that employees of the state who have
exhausted all available sick leave be permitted to take a leave of
absence with pay, not exceeding 30 days for the purpose of organ
donation and not exceeding 5 days for bone marrow donation, as
prescribed.
   This bill would require private employers to permit employees to
take similar paid leaves of absence for organ and bone marrow
donation. The bill would require a private employer to 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. The bill would prohibit a private employer 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. The bill would also create a private right of
action for an aggrieved employee to seek enforcement of these
provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Part 5.5 (commencing with Section 1508) is added to
Division 2 of the Labor Code, to read:

      PART 5.5.  ORGAN AND BONE MARROW DONATION


   1508.  This part shall be known and may be cited as the Michelle
Maykin Memorial Donation Protection Act.
   1509.  For purposes of this part, the following terms have the
following meanings:
   (a) "Employee" and "employee benefits" have the same meanings set
forth in Section 1500.
   (b) "Employer" means any person, partnership, corporation,
association, or other business entity that employs 15 or more
employees.
   1510.  (a) Subject to subdivision (b), an employer shall grant to
an employee the following paid leaves of absence:
   (1) A leave of absence not exceeding 30 days to an employee who is
an organ donor in any one-year period, for the purpose of donating
his or her organ to another person.
   (2) A leave of absence not exceeding five days to an employee who
is a bone marrow donor in any one-year period, for the purpose of
donating his or her bone marrow to another person.
   (b) In order to receive a leave of absence pursuant to subdivision
(a), an employee shall provide written verification to his or her
employer that he or she is an organ or bone marrow donor and that
there is a medical necessity for the donation of the organ or bone
marrow.
   (c) Any period of time during which an employee is required to be
absent from his or her position by reason of being an organ or bone
marrow donor is not a break in his or her continuous service for the
purpose of his or her right to salary adjustments, sick leave,
vacation, annual leave, or seniority. During any period that an
employee takes leave pursuant to subdivision (a), the employer shall
maintain and pay for coverage under a group health plan, as defined
in Section 5000(b) of the Internal Revenue Code of 1986, for the full
duration of the leave.
   (d) This part does not affect the obligation of an employer to
comply with a collective bargaining agreement or employee benefit
plan that provides greater leave rights to employees than the rights
provided under this part.
   (e) The rights provided under this part shall not be diminished by
a collective bargaining agreement or employee benefit plan entered
into on or after January 1, 2011.
   (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 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.
   (g) Notwithstanding existing law, bone marrow and organ donation
leave shall not be taken concurrently with any leave taken pursuant
to the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec.
2601 et seq.) or the California Family Rights Act (Sections 12945.2
and 19702.3 of the Government Code).
   (h) Leave provided for pursuant to this section may be taken in
one or more periods.
   1511.  An employer shall, upon expiration of a leave authorized by
this part, restore an employee to the position held by him or her
when the leave began or to a position with equivalent seniority
status, employee benefits, pay, and other terms and conditions of
employment. An employer may decline to restore an employee as
required in this section because of conditions unrelated to the
exercise of rights under this part by the employee.
   1512.  (a) An employer shall not interfere with, restrain, or deny
the exercise or the attempt to exercise a right established by this
part.
   (b) An employer shall not discharge, fine, suspend, expel,
discipline, or in any other manner discriminate against an employee
who does either of the following:
   (1) Exercises a right provided under this part.
   (2) Opposes a practice made unlawful by this part.
   1513.  (a) An employee may bring a civil action in the superior
court of the appropriate county to enforce this part.
   (b) The court may enjoin any act or practice that violates this
part and may order any equitable relief necessary and appropriate to
redress the violation or to enforce this part.