An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

pay for baby bonding purposes. Employees may be required to use up to two weeks of accrued vacation when PFL starts, which would leave the employer with the additional 4 weeks of supplemental payments as part of the ordinance. In order to receive these benefits under the ordinance, an employee must sign a form created by San Francisco’s Office of Labor Standards Enforcement (OLSE), agreeing to reimburse all supplemental compensation received if he or she voluntarily separates from employment within 90 days of returning to work at the end of his or her leave period, if the employer makes a written request for reimbursement. Employers must conspicuously post an OLSE-created notice at each workplace or job site where any covered employee works that informs employees about their rights under the ordinance, and the notices must be posted in English, Spanish, Chinese, and any language spoken by at least five percent of employees at the workplace or site. 1340 A copy of the notice that needs to be posted, and more information about the paid parental leave ordinance can be accessed here: https://sfgov.org/olse/paid-parental-leave-ordinance . O RGAN O R B ONE M ARROW D ONATION L EAVE An employee who donates an organ or bone marrow is entitled to a paid leave of absence. 1341 An employee is entitled to a paid leave of absence not exceeding 30 business days in any one- year period for the purpose of donating his or her organ to another person. 1342 An employee who donates bone marrow is entitled to a paid leave of absence not exceeding five days in any one- year period. 1343 The leave for donating either an organ or bone marrow need not be taken all at once. It may be taken in one or more periods. 1344 The one-year period is measured from the date the employee’s leave begins. 1345 The employee’s leave cannot constitute a break in the employee’s continuous service for the purpose of salary adjustments, sick leave, vacation, annual leave, or seniority. 1346 In addition, the school must maintain and pay for the employee’s coverage under a group health plan for the full duration of the leave. 1347 A. E MPLOYEE E LIGIBILITY An employee is eligible for paid leave for organ or bone marrow donation if he or she has been employed by the school for at least a 90 day period immediately preceding the commencement of leave, as long as the school employs 15 or more employees. 1348 B. D OCUMENTATION In order to receive a leave of absence for organ or bone marrow donation, the employee must provide written verification to the school that he or she is an organ or bone marrow donor and that there is a medical necessity for the donation. 1349 Section 7

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 308