Public employees. Existing law requires that California state employees who have exhausted all available sick leave be permitted to take a leave of absence with pay for up to 30 days for the purpose of organ donation and up to five days for bone marrow donation.
Private employees. Private employers with 15 or more employees must permit employees who have exhausted all available sick leave to take a leave of absence with pay for up to 30 days for the purpose of organ donation and up to five days for bone marrow donation.
Notice requirement. Employees must provide written verification that they are organ or bone marrow donors and that there is a medical necessity for the donation.
Pay and benefits. Under California Labor Code Section 19991.1, state employees are entitled to a paid leave of up to 30 days per year when donating an organ to another person and up to five days when donating bone marrow to another person.
Labor Code Section 1510 entitles employees of private employers to a paid leave of absence of up to 30 days in any one-year period for the purpose of donating his or her organ to another person. Employees are to be granted a paid leave of absence of up to five days in any one-year period to donate bone marrow.
Reinstatement. An employee returning from such leave should be returned to the same position he or she held when the leave began or to an equivalent position.