Bone Marrow Donor Leave – California Labor Code § 1510

Covered Employers: Employers with 15 or more employees

Employee Eligibility: Employed 90 days prior to the date the leave is to begin

Entitlement: Employees are to be granted a paid leave of absence of up to 5 business days in any one year period (meaning 12 consecutive months beginning on the date the employee's leave begins) to serve as a bone marrow donor. An employer may require that the employee take up to 5 days of earned but unused sick leave, vacation, or PTO prior to taking unpaid leave. Note, recent CA law clarified that leave days are "business days" and that the one year time period is to be measured from the date the employee's leave begins and is to consist of 12 consecutive months.

Certification Supporting Need for Leave: Employees are required to provide written verification that he or she is a bone marrow donor and that there is a medical necessity for the donation.

Paid? Yes.

Benefits: Benefits must be continued under the same terms and conditions as if the employee was actively at work.

Reinstatement: An employee is required to be restored to the position held prior to leave or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment.

Other Important Definitions/Requirements: Any leave an employee takes under this law is not to be considered a break in continuous service for the purpose of any right to salary adjustments, sick leave, vacation, annual leave, or seniority. Leave may be taken in one or more periods but may not exceed the amount prescribed above.

Relationship with Other Leave: Bone marrow leave may not run concurrently with any leave taken under the federal Family and Medical Leave Act or the California Family Rights Act.

Absence Specification