Global Compliance Desk – California

Donor Leave Extended in California

The Amendment

As per the Amendment Bill (AB 1223) signed by Governor Gavin Newsom, effective January 1, 2020, the employer has to grant an additional unpaid leave of absence, not exceeding 30 business days in a 1-year period, to an employee who has used all available sick leave and is an organ donor, for the purpose of donating the employee’s 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.

An employee is required to provide written verification to the employer that the employee is an organ or bone marrow donor and that there is a medical requirement for the donation of the organ or bone marrow.

Employees are required to provide their employers with written verification of their participation in either organ donation or bone marrow donation. The verification also must include that the procedure is medically necessary.

Current Law

At present, private employers with 15 or more employees are needed to give employees 30 days of paid leave in a 1-year period when an employee does organ donation. Employers also are required to provide bone marrow donors 5 days of paid leave if the employee is donating his or her bone marrow to another person.