BILL ANALYSIS Ó
SB 272
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Date of Hearing: July 6, 2011
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Sandre Swanson, Chair
SB 272 (DeSaulnier) - As Amended: April 26, 2011
SENATE VOTE : 38-0
SUBJECT : Leave of absence; organ or bone marrow donation.
SUMMARY : Clarifies existing law to assist employer compliance
with a leave of absence for
an organ or bone marrow donation. Specifically, this bill :
1)States that leave for an organ donation must not exceed 30
business days in a year, and that the one-year period is
measured from the date the employee's leave begins and
consists of 12 consecutive months.
2)States that any period of time during which an employee is
required to be absent from his or her position due to organ or
bone marrow leave is not a break in his/her continuous service
for the purpose of his/her right to paid time off, and that
health coverage continues in the same manner the coverage
would have been maintained if the employee had been actively
at work.
3)Includes paid time off as leave that an employer can require
be used for bone marrow and organ donation, as specified.
4)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 existing law.
5)Declares this bill is declaratory of existing law.
EXISTING LAW :
1)Provides employees the opportunity to take both paid and
unpaid time away from work without fear of discharge or
discrimination for a number of specified purposes.
2)Requires that employees of the state who have exhausted all
available sick leave be allowed to take a leave of absence
with pay, not exceeding 30 days for the purpose of organ
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donation and not exceeding five days for bone marrow donation.
3)Requires any business entity that employs 15 or more employees
to provide up to 30 days of paid leave for an organ donation
and up to five days of paid leave for a bone marrow donation.
4)Requires private employers to permit employees to take paid
leaves of absence, similar to those currently available to
public employees, for the purposes of organ and bone marrow
donations, and prohibits retaliation against employees who
take this leave, as specified.
FISCAL EFFECT : Unknown
COMMENTS : Last year, the Legislature passed, and Governor
Schwarzenegger signed,
SB 1304 (DeSaulnier), Chapter 646, Statutes of 2010, also known
as the Michelle Maykin Memorial Donation Protection Act (Act).
This Act provides protected leave for employees who donate bone
marrow or organ tissue, and was named after the daughter of one
of Senator DeSaulnier's constituents who died of Leukemia in
2009.
Since the passage of SB 1304, the California Chamber of
Commerce, the sponsor of this measure and other stakeholders
have noted areas where, while the law's intent may be clear,
additional clarification would provide certainty for businesses
seeking to comply with the law. This bill is the product of
those discussions and seeks to clarify the Legislature's
original intent of SB 1304 and existing law.
REGISTERED SUPPORT / OPPOSITION :
Support
California Chamber of Commerce (sponsor)
California Nurses Association/National Nurses Organizing
Committee
Opposition
None on file.
Analysis Prepared by : Lorie Erickson / L. & E. / (916)
319-2091
SB 272
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