California has enacted legislation (Assembly Bill 1223) that will expand the state's requirements for providing leave to employees for organ donation. Assembly Bill 1223 takes effect on January 1, 2020.
In 2010, California enacted the Michelle Maykin Memorial Donation Protection Act (MMDPA), a law that requires employers with 15 or more employees to grant up to 30 days of paid leave for organ donation and up to five days of paid leave for bone marrow donation in a one-year period.
The one-year period is measured from the date the employee's leave begins and consists of 12 consecutive months. Under the law, employers may require that an employee, as a condition of receiving the leave, take up to two weeks of earned but unused sick leave, vacation, or paid time off for organ donation and up to five days of earned but unused sick leave, vacation, or paid time off for bone marrow donation.
Assembly Bill 1223:
Under Assembly Bill 1223, employers must grant an employee an additional unpaid leave of absence, not exceeding 30 days in a one-year period, for organ donation.
The law also prohibits a life insurance, disability insurance, or long-term care insurance policy issued, amended, renewed, or delivered on or after January 1, 2020 from:
- Refusing to insure or continue to insure the donor under an insurance policy or certificate.
- Limiting the amount, extent, or kind of coverage available to the donor under an insurance policy or certificate.
- Charging the donor a different rate for the same coverage under an insurance policy or certificate.
- Otherwise discriminating in the offering, issuance, cancellation, amount of coverage, price, or any other condition of an insurance policy or certificate for the donor.
California employers should review policies and practices to ensure compliance with Assembly Bill 1223 by January 1, 2020. Please contact your dedicated service professional with any questions.