SB 489

Introduction

This bill includes recovery from bone marrow or organ donation surgery as a

serious health condition for which an employee may take leave from employment

under the family and medical leave law. The bill also prohibits insurers from

refusing to provide or renew coverage, canceling coverage, setting rates, or otherwise

discriminating in the terms of a life, long-term care, or income continuation

insurance policy on the basis of a person's status as a bone marrow or living organ

donor.

Family and medical leave

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: 1) two weeks of medical leave in a 12-month period when

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

perform the employee's employment duties; and 2) two weeks of family leave in a

12-month period to care for a child, spouse, domestic partner, or parent who has a

serious health condition. Current law defines "serious health condition" for purposes

of the family and medical leave law as a disabling physical or mental illness, injury,

impairment, or condition involving inpatient care in a hospital, nursing home, or

hospice or outpatient care that requires continuing treatment or supervision by a

health care provider.

This bill includes the condition of being in recovery from surgery related to

donating bone marrow or a human organ in the definition of "serious health

condition" for purposes of the family and medical leave law. As such, the bill permits

an employee to take leave from employment for the following reasons: 1) when the

employee is in recovery from surgery related to donating bone marrow or a human

organ and is unable to perform his or her employment duties; or 2) to care for a child,

spouse, domestic partner, or parent who is in recovery from surgery related to

donating bone marrow or a human organ.

Insurance discrimination

This bill prohibits an insurer from refusing to provide or renew coverage to a

person, canceling a person's coverage, or limiting a person's coverage under a life

insurance policy, long-term care insurance policy, or income continuation insurance

policy (collectively, policy) on the basis that the person is a living organ donor or bone

marrow donor. Under the bill, insurers may not preclude a person from donating an

organ or bone marrow as a condition of issuing a policy to the person. The bill also

prohibits an insurer from using the status of a person as a living organ donor or bone

marrow donor as a factor in determining rates or any other aspect of insurance

coverage under a policy.