Part 5.5. Organ And Bone Marrow Donation of California Labor Code >> Division 2. >> Part 5.5.
This part shall be known and may be cited as the Michelle
Maykin Memorial Donation Protection Act.
For purposes of this part, the following terms have the
(a) "Employee" and "employee benefits" have the same meanings set
forth in Section 1501.
(b) "Employer" means any person, partnership, corporation,
association, or other business entity that employs 15 or more
(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 business 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. The one-year
period is measured from the date the employee's leave begins and
shall consist of 12 consecutive months.
(2) A leave of absence not exceeding five business 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. The
one-year period is measured from the date the employee's leave begins
and shall consist of 12 consecutive months.
(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
(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, 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.
(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.
(f) 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.
(g) 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).
(h) 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 subdivision (a).
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.
(a) An employer shall not interfere with, restrain, or deny
the exercise or the attempt to exercise a right established by this
(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.
(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.