AB 1223 – Requires Employers To Offer Employees Additional Unpaid Organ Donation Leave

Category: Private Education
Date: Nov 11, 2019 10:50 AM

Existing law, the Michelle Maykin Memorial Donation Protection Act, requires a private employer to permit an employee to take a leave of absence with pay, not exceeding 30 business days in a one-year period, for the purpose of organ donation.

AB 1223 requires a private employer to grant an employee an additional unpaid leave of absence, not exceeding 30 business days in a one-year period, for the purpose of organ donation.

AB 1223 does not change the requirement that an employee must provide his or her employer with written verification that the employee is an organ or bone marrow donor and there is a medical necessity for the donation.  The leave of absence is not a break in the employee’s continuous service for purposes of salary adjustments, sick leave, vacation, annual leave, and seniority.

AB 1223 also prohibits life or disability insurance policies, other than health insurance or long-term care insurance, from discriminating against an organ donor.

(Amends Sections 89519.5 and 92611.5 of the Education Code, to amend Section 19991.11 of the Government Code, to add Sections 10110.8 and 10233.8 to the Insurance Code, and to amend Section 1510 of the Labor Code, relating to organ donation.)

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