HR - Organ Donor and Bone Marrow Leave - CA

Policy Statement and Reason

For the purpose of this policy, employees include California faculty and staff unless otherwise indicated in sections below. All provisions of this policy apply, except that for employees covered by a collective bargaining agreement, this policy does not create any benefits not expressly provided by that collective bargaining agreement and if there are inconsistencies between this policy and the collective bargaining agreement, the terms of the collective bargaining agreement will govern. 

The College grants eligible employees the following paid leaves of absence to assist with organ or bone marrow donation:

• A leave of absence not exceeding thirty (30) business days to an employee who donates their organ to another person in any one-year period.
• A leave of absence not exceeding five (5) business days to an employee who donates their bone marrow to another person in any one-year period.

The paid leave may be taken in one (1) or more periods of absence, but the combined total may not exceed the sixty (60) business day maximum for organ donation or five (5) business day maximum for bone marrow donation. 

Policy Guidelines 

Eligibility

After 90-calendar days of employment, regular full-time, regular part-time and temporary faculty and staff are eligible for Organ Donor and Bone Marrow Donor Leave.

Staff Employees - Use of Sick, Personal and Vacation Time

• Organ Donor Leave is comprised of thirty (30) business days of paid leave and thirty (30) business days of unpaid leave. The paid leave is 100% paid by the College based on employees' regular pay schedule. Staff employees will be required to use up to two (2) weeks of their accrued unused sick, then personal, then vacation time for Organ Donor Leave during the 30 business days of paid Organ Donor Leave.
• Employee may, but are not required to use any remaining sick, personal and/or vacation time during the 30 business days of unpaid Organ Donor Leave.
• Bone Marrow Donor Leave is 100% paid by the College based on employees' regular pay schedule.

Faculty Employees

For foreseeable absences, Faculty must provide the Chair with advance written notice and must receive prior approval when absent for more than two sessions or when a weekly class is missed more than once in order to coordinate coverage or makeup sessions.  In the case of unreported and/or excessive absences, the Chair notifies the Dean.  

Documentation

Any employee receiving Organ Donor and Bone Marrow Donor Leave must provide Human Resources with written verification establishing that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation.

FMLA/CFRA and Organ Donor and Bone Marrow Donor Leaves

Organ Donor and Bone Marrow Donor Leaves do not run concurrently with the federal Family and Medical Leave Act (“FMLA”) or the California Family Rights Act (“CFRA”). If medically warranted, such leaves may be extended in accordance with the College’s medical leave policies (FMLA and non-FMLA).

Return from Leave

Upon return from Organ Donor or Bone Marrow Donor Leave, the College will restore the employee to the position they held when the leave began or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. The College may decline to restore an employee as required in this section because of conditions unrelated to the exercise of rights under this part by the employee.

Other Information

Related Policies

• General Information for all FMLA Leaves - FMLA - CA
• Family Rights Act (CFRA) - CA
• Personal Medical Leave - FMLA - CA
• Personal Medical Leave - Non-FMLA - CA
• Sick Time - CA
• Personal Time - CA
• Vacation Time

Key Offices to Contact 

Please contact the Leave of Absence Administrator (Human Resources) for further information regarding this policy and its implementation.  

Links to Procedures or Forms

Contact the Leave of Absence Administrator (Human Resources) for assistance.

Definitions

Not applicable 

The contents of this policy are informational only and are not conditions of employment.  This policy does not create any contractual obligations or alter the at-will employment of the College’s at-will employees. Emerson College reserves the right to modify, revoke, suspend, terminate, or change any and all policies and procedures at any time, with or without notice, as consistent with state and federal law.

Policy Effective Date:  May 2019 – revised January 2020