(a) Subject to subdivision (c), an appointing power shall grant to an employee, who has exhausted all available sick leave, the following leaves of absence with pay:

(1) A leave of absence, not exceeding 30 days in a one-year period, to an employee who is an organ donor, for the purpose of donating the employee’s organ to another person.

(2) A leave of absence, not exceeding five days in a one-year period, to an employee who is a bone marrow donor, for the purpose of donating the employee’s bone marrow to another person.

(b) Subject to subdivision (c), an appointing power shall grant an additional unpaid leave of absence, not exceeding 30 business days in a one-year period, to an employee who has exhausted all available sick leave and is an organ donor for the purpose of donating the employee’s organ to another person.

(c) In order to receive a leave of absence pursuant to subdivision (a) or (b), an employee shall provide written verification to the appointing power that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow.

(d) Any period of time during which an employee is required to be absent from the employee’s position by reason of being an organ or bone marrow donor is not a break in the employee’s continuous service for the purpose of the employee’s right to salary adjustments, sick leave, vacation, annual leave, or seniority.

(e) If an employee is unable to return to work beyond the time or period that the employee is granted leave pursuant to this section, the employee shall be paid any vacation balance, annual leave balance, or accumulated compensable overtime. The payment shall be computed by projecting the accumulated time on a calendar basis as though the employee was taking time off. If, during the period of projection, the employee is able to return to work, the employee shall be returned to the employee’s former position as defined in Section 18522.

(f) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that, if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

(Amended by Stats. 2019, Ch. 316, Sec. 3. (AB 1223) Effective January 1, 2020.)