BILL NUMBER: SB 1304 INTRODUCED
BILL TEXT
INTRODUCED BY Senator DeSaulnier
FEBRUARY 19, 2010
An act to amend Section 19991.11 of the Government Code, and to
add Part 5.5 (commencing with Section 1508) to Division 2 of the
Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 1304, as introduced, DeSaulnier. Employment: leave and
benefits.
Existing law requires that employees of the state who have
exhausted all available sick leave be permitted to take a leave of
absence with pay, not exceeding 30 days for the purpose of organ
donation and not exceeding 5 days for bone marrow donation, as
prescribed.
This bill would eliminate the requirement that a state employee
exhaust all available sick leave prior to being entitled to the
above-recited paid leaves of absence. This bill would also require
private employers to permit employees to take similar paid leaves of
absence for organ and bone marrow donation. The bill would require a
private employer to restore an employee returning from leave for
organ or bone marrow donation to the same position held by the
employee when the leave began or an equivalent position. The bill
would prohibit a private employer from interfering with an employee
taking organ or bone marrow donation and from retaliating against an
employee for taking such leave or opposing an unlawful employment
practice related to organ or bone marrow donation leave. The bill
would also create a private right of action for an aggrieved employee
to seek enforcement of these provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 19991.11 of the Government Code is amended to
read:
19991.11. (a) Subject to subdivision (b), an appointing power
shall grant to an employee , who has exhausted all available
sick leave, the following leaves of absence with pay:
(1) A leave of absence not exceeding 30 days to any
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 any
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 the
appointing power 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.
(d) If an employee is unable to return to work beyond the time or
period that he or she is granted leave pursuant to this section, he
or she shall be paid any vacation balance, annual leave balance, or
accumulated compensable overtime. The payment shall be computed by
projecting the accumulated time on a calendar basis as though the
employee was taking time off. If, during the period of projection,
the employee is able to return to work, he or she shall be returned
to his or her former position as defined in Section 18522.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that, if those provisions
of a memorandum of understanding require the expenditure of funds,
the provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
SEC. 2. Part 5.5 (commencing with Section 1508) is added to
Division 2 of the Labor Code, to read:
PART 5.5. ORGAN AND BONE MARROW DONATION
1508. This part shall be known and may be cited as the Michelle
Maykin Memorial Donation Protection Act.
1509. For purposes of this part, the following terms have the
following meanings:
(a) "Employee" and "employee benefits" have the same meanings set
forth in Section 1500.
(b) "Employer" means any person, partnership, corporation,
association, or other business entity that employs 15 or more
employees.
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.
(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.
1511. An employer shall, upon expiration of a leave authorized by
this part, 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 under this part by the employee.
1512. (a) An employer shall not interfere with, restrain, or deny
the exercise or the attempt to exercise a right established by this
part.
(b) An employer shall not discharge, fine, suspend, expel,
discipline, or in any other manner discriminate against an employee
who does either of the following:
(1) Exercises a right provided under this part.
(2) Opposes a practice made unlawful by this part.
1513. (a) An employee may bring a civil action in the superior
court of the appropriate county to enforce this part.
(b) 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.