California Organ Donor Leave Policy

Purpose/Objective

[Company Name] provides eligible employees up to 30 days in a 12-month period of paid leave to donate an organ to another person, and up to five days in a 12-month period of paid leave to donate bone marrow to another person. An additional unpaid leave of up to 30 business days in a 12-month period may be granted to an employee donating an organ.

Eligibility

To be eligible, employees must have been employed with the company for 90 days immediately preceding the commencement of leave. Additionally, the company may require written certification that the employee is a bone marrow or organ donor and that the procedure is medically necessary.

[Include this language unless such language would violate an applicable collective bargaining agreement:] Employees will be required to use up to five days of their accrued paid time off for leave under this policy to donate bone marrow, and up to two weeks of their accrued paid time off for leave to donate an organ.

[Include information on whether the accrued paid time off will come from paid sick leave, paid vacation leave, or both, if applicable.]

Procedures

Employees requesting leave under this policy should comply with the following requirements:

1. Employees should request leave under this policy with as much advanced notice as practicable.

2. In support of their request for leave under this policy, employees should [complete a company leave request form and] provide [their supervisors/human resources/other job title] with appropriate written certification that they are organ or bone marrow donors and that there is a medical necessity for the donation.

3. During leave under this policy the company will maintain coverage for employees and their family members who participate in the company’s group health plan on the same terms as if the employees had continued to work. If applicable, employees should make arrangements to pay their share of health plan premiums while on leave. In some instances, the company may recover premiums it paid to maintain health coverage or other benefits for employees and their families. Use of leave under this policy will not result in the loss of any employment benefit that accrued prior to the start of the leave. Employees should consult the applicable plan document for all information regarding eligibility, coverage and benefits.

4. Upon returning from leave under this policy, employees will typically be restored to their positions, or to equivalent positions, with equivalent pay, benefits, and other employment terms and conditions.

Employees with questions regarding this policy should contact [human resources/other job title].