New Paid Leave is Signed into Law for CA Employees


By Susan Breslauer, SPHR

California’s first paid leave law was signed into law by Governor Schwarzenegger on Sept 30, 2010. The new law will go into effect on January 1, 2011.   Known as the Michelle Maykin Memorial Donation Protection Act, SB 1304 adds a new Labor Code provision extending this public employee benefit to private employees.  Here are the highlights…

  • Private employers with 15 or more employees will be required to provide up to 30 days of paid leave per year for an organ donation in any one-year period, and up to five days of paid leave per year for a bone marrow donation. Leave may be taken in one or more periods.
  • The leave will not be considered a break in continuous service for purposes of the employee’s right to salary adjustments, sick leave, vacation, annual leave or seniority. Further, leave taken does not run concurrently with leave under the Family Medical Leave Act or California Family Rights Act.
  • Employers may require that an employee first take up to five days of accrued sick or vacation leave for bone marrow donations and up to two weeks of earned and unused sick or vacation leave for organ donations, unless prohibited by a collective bargaining agreement provision.
  • Employers must also restore an employee returning from leave to the same or equivalent position held by the employee when leave began.

We encourage you to attend our year end employment law update on December 1, 2010.  Jennifer Shaw of Shaw Valenza law firm will be presenting.  A discounted registration fee is available to our clients.  Click here to view flyer.