This part shall be known and may be cited as the Michelle Maykin Memorial Donation Protection Act.
Part 5.5ORGAN AND BONE MARROW DONATION
Section § 1508
This law is named the Michelle Maykin Memorial Donation Protection Act, and it establishes protections and guidelines related to organ and tissue donation.
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Section § 1509
This law defines certain terms used in this part of the labor code. It clarifies that the terms 'employee' and 'employee benefits' are defined as in another section, Section 1501. Additionally, it specifies that an 'employer' is any business employing 15 or more people.
For purposes of this part, the following terms have the following meanings:
(a)CA Labor Code § 1509(a) “Employee” and “employee benefits” have the same meanings set forth in Section 1501.
(b)CA Labor Code § 1509(b) “Employer” means any person, partnership, corporation, association, or other business entity that employs 15 or more employees.
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Section § 1510
California law requires employers to provide organ and bone marrow donors with specific amounts of paid leave: up to 30 business days for organ donation and up to 5 business days for bone marrow donation within a year. Additionally, employers must offer up to 30 more days of unpaid leave for organ donation. Employees need to verify the medical necessity for donation to qualify for leave. The leave time doesn't affect the employee's service record or benefits, and health coverage must continue during paid leave.
Employers can ask employees to use some of their accumulated sick leave or vacation time during donation leave, but this can't overlap with federal or state family leave. The rights of employees under this law can't be reduced by agreements made after 2011. Leave can be taken over multiple periods, as long as it doesn't exceed the annual limits.
(a)CA Labor Code § 1510(a) Subject to subdivision (c), an employer shall grant to an employee the following paid leaves of absence:
(1)CA Labor Code § 1510(a)(1) A leave 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. The one-year period is measured from the date the employee’s leave begins and shall consist of 12 consecutive months.
(2)CA Labor Code § 1510(a)(2) 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. The one-year period is measured from the date the employee’s leave begins and shall consist of 12
consecutive months.
(b)CA Labor Code § 1510(b) Subject to subdivision (c), an employer shall grant an additional unpaid leave 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. The one-year period is measured from the date the employee’s leave begins and shall consist of 12 consecutive months.
(c)CA Labor Code § 1510(c) In order to receive a leave of absence pursuant to subdivision (a) or (b) an employee shall 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.
(d)CA Labor Code § 1510(d) Any period of time during which an employee is required to be absent from the employee’s position by reason of being an organ or bone marrow donor is not a
break in the employee’s continuous service for the purpose of the employee’s 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.
(e)CA Labor Code § 1510(e) 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.
(f)CA Labor Code § 1510(f) 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.
(g)CA Labor Code § 1510(g) 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.
(h)CA Labor Code § 1510(h) 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).
(i)CA Labor Code § 1510(i) 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 subdivisions (a) and (b).
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Section § 1511
This law requires employers to give an employee their old job back or a job with similar seniority, benefits, pay, and working conditions once their leave ends. However, an employer can refuse this if the reason is not related to the person's leave rights.
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.
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Section § 1512
This law makes it illegal for employers to stop employees from using their rights. Employers also cannot punish employees who use their rights or speak out against any illegal practices at work.
(a)CA Labor Code § 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)CA Labor Code § 1512(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)CA Labor Code § 1512(b)(1) Exercises a right provided under this part.
(2)CA Labor Code § 1512(b)(2) Opposes a practice made unlawful by this part.
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Section § 1513
This law allows an employee to file a lawsuit in the county's superior court to make sure that the rules in this section are being followed. If someone is breaking these rules, the court can stop them and require actions to fix the problem or further enforce the rules.
(a)CA Labor Code § 1513(a) An employee may bring a civil action in the superior court of the appropriate county to enforce this part.
(b)CA Labor Code § 1513(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.
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