Organ Donor Leave - California Labor Code § 1510

• Organ Donor Leave - California Labor Code § 1510

• Absence Specification

Covered Employers: Employers with 15 or more employees

Employee Eligibility: Employees who have been employed for 90 days immediately preceding the date the leave is to begin

Entitlement: Employees are entitled to a paid leave of absence of up to 30 business days in any one-year period (rolling forward from the first date of leave) for the purpose of donating an organ to another person. An employer may require that the employee take up to 2 weeks of earned but unused sick leave, vacation, or PTO, unless doing so would violate the provisions of any applicable collective bargaining agreement.

Effective January 1, 2020, the law provides an additional 30 days of unpaid time in the same one-year period for the purposes of donating an organ. A one-year calendar period is measured from the date the employee's leave begins and consists of 12 consecutive months.

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

Paid? The first 30 days are to be paid, although the employer can require an employee to use up to 2 weeks of sick leave, vacation, or PTO they may have accrued. As of January 1, 2020, and additional 30 days of unpaid leave are available as well.

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: This leave does not run concurrently with leave taken under the federal Family and Medical Leave Act or the California Family Rights Act.

Absence Specification