BILL NUMBER: SB 272	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 14, 2011

   An act to amend Section 1510 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 272, as introduced, DeSaulnier. Leave of absence: organ
donation.
   Existing law requires an employer to grant a leave of absence to
an employee who is an organ donor or a bone marrow donor, as
specified.
   This bill would make nonsubstantive changes to that provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1510 of the Labor Code is amended to read:
   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  
Moore-Brown-Roberti  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.