California’s Organ Donation Leave Program

Labor Code Division 2, Part 5.5 provides an employee leave program. Part 5.5 was added in 2010 by Chapter 646. Section 1508 names the law the Michelle Maykin Memorial Donation Protection Act. Section 1509 defines the terms “employee,” “employee benefits,” and “employer.”

Section 1510 requires an employer to grant an employee paid leaves of absence, not exceeding 30 business days in a one-year period, to an employee who is an organ donor, for the purpose of donating the employee’s organ to another person, as well as a leave of absence not exceeding five business days in a one-year period to an employee who is a bone marrow donor, for the purpose of donating the employee’s bone marrow to another person.

In order to receive a leave of absence, an employee must provide written verification to the employer that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow. 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 here.

Bone marrow and organ donation leave cannot be taken concurrently with any leave taken pursuant to the federal Family and Medical Leave Act of 1993 or the Moore-Brown-Roberti Family Rights Act.

Section 1511 requires an employer, upon expiration of a leave authorized, 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 by the employee.

Section 1512 prohibits an employer from interfering with, restraining, or denying the exercise or the attempt to exercise a right established by this part. In addition, an employer is prohibited from discharging, fining, suspending, expelling, disciplining, or in any other manner discriminating against an employee who either exercises a right provided under this part, or opposes a practice made unlawful by this part.

Section 1513 authorizes an employee may bring a civil action in the superior court of the appropriate county to enforce this part. Also, 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.