AB 906

Under current law, an employer, including the state, employing at least 50

individuals on a permanent basis in this state (employer) must permit an employee

who has been employed by the employer for more than 52 consecutive weeks and who

has worked for the employer for at least 1,000 hours during the preceding 52-week

period (employee) to take six weeks of family leave in a 12-month period and two

weeks of medical leave in a 12-month period. Family leave may be taken for the birth

or adoptive placement of a new child or to care for a child, spouse, domestic partner,

or parent who has a serious health condition. Medical leave may be taken when the

employee has a serious health condition that makes the employee unable to perform

the employee's employment duties.

An employee is not entitled to receive wages or salary while taking family or

medical leave, but may substitute, for portions of family or medical leave, other types

of paid or unpaid leave provided by the employer. An employee who intends to take

family or medical leave for the birth or adoptive placement of a child or for planned

medical treatment must give the employer advance notice of the birth or adoptive

placement or planned medical treatment. In addition, for planned medical

treatment, the employee must make a reasonable effort to schedule the medical

treatment so that it does not unduly disrupt the operations of the employer, subject

to the approval of the health care provider of the person receiving the medical

treatment. Also, if an employee requests family or medical leave due to a serious

health condition of the employee or of a child, spouse, domestic partner, or parent,

the employer may require certification of that condition from a health care provider

or a Christian Science practitioner.

This bill allows an employee of an employer to take no more than six weeks of

leave in a 12-month period for the purpose of serving as a donor of an organ that

requires the continuous circulation of blood to remain useful for purposes of

transplantation (organ) if the employee provides the employer with written

verification that the employee is to serve as an organ donor (organ donation leave).

The bill applies to any employee of an employer regardless of the number of weeks

and hours that the employee has worked for the employer, except that the bill does

not apply to a state employee who under current law is already permitted to take a

leave of absence of 30 workdays for the purpose of serving as an organ donor.

An employee is not entitled to receive wages or salary while taking organ

donation leave, but may substitute, for portions of that leave, other types of paid or

unpaid leave provided by the employer. An employee who intends to take organ

donation leave must give the employer advance notice of the organ donation and

must make a reasonable effort to schedule the organ donation so that the organ

donation does not unduly disrupt the operations of the employer, subject to the

approval of the health care provider of the organ donee.