Section 92611.5 Of Article 2. Employees From California Education Code >> Division 9. >> Title 3. >> Part 57. >> Chapter 6. >> Article 2.
92611.5
. (a) If the Regents of the University of California adopt
the provisions of this section, by appropriate resolution, and
subject to subdivision (b), the regents 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 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 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) To receive a leave of absence pursuant to subdivision (a), an
employee shall provide written verification to the regents 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.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, 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.