BILL NUMBER: SB 272	CHAPTERED
	BILL TEXT

	CHAPTER  147
	FILED WITH SECRETARY OF STATE  AUGUST 1, 2011
	APPROVED BY GOVERNOR  AUGUST 1, 2011
	PASSED THE SENATE  MAY 27, 2011
	PASSED THE ASSEMBLY  JULY 14, 2011
	AMENDED IN SENATE  APRIL 26, 2011
	AMENDED IN SENATE  MARCH 29, 2011

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, 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. The leave
of absence to an organ donor is up to 30 days in a one-year period.
The leave of absence for a bone marrow donor is up to 5 days in a
one-year period. The leave of absence for either 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. As a condition of an employee's initial receipt of the
leave of absence, an employer may require the employee to take a
specified number of days of earned but unused sick or vacation leave,
unless that would violate provisions of an applicable collective
bargaining agreement.
   This bill would provide that the days of leave are business days
rather than calendar days, and that the one-year period is measured
from the date the employee's leave begins and consists of 12
consecutive months. This bill would also provide that the leave of
absence is not a break in the employee's continuous service for the
purpose of his or her right to paid time off. This bill would further
provide that the employer may condition the initial receipt of leave
upon the employee's use of a specified number of earned but unused
days for paid time off. Additionally, the bill would state that it is
declaratory of existing law.


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 business 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. The one-year
period is measured from the date the employee's leave begins and
shall consist of 12 consecutive months.
   (2) A leave of absence not exceeding five business 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. The
one-year period is measured from the date the employee's leave begins
and shall consist of 12 consecutive months.
   (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, paid time off, 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, in the same manner the
coverage would have been maintained if the employee had been actively
at work during the leave period.
   (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 leave,
vacation, or paid time off for bone marrow donation and up to two
weeks of earned but unused sick leave, vacation, or paid time off 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 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, but in no event shall exceed the amount of leave
prescribed in subdivision (a).
  SEC. 2.  The amendment of Section 1510 of the Labor Code made by
this act does not constitute a change in, but is declaratory of,
existing law.