Organ and Bone Marrow Donations Leave (CA)

Employees who work in California may take paid leave from work for the purpose of organ and/or bone marrow donation. Eligible employees may take up to five days of paid leave for bone marrow donation or 30 days of paid leave for organ donation in any one-year period. During the paid leave, employees are entitled to retain their benefits, including group health care coverage, and accrue benefits at the same rate as if they had not taken leave at all.

 

The paid leave will run concurrently with Short-Term Disability (STD). If an employee’s STD benefit is less than 100 percent of pay, The Hartford will supplement the difference. This leave is not counted against the allotment of leave provided for under the Family Medical Leave Act or the California Family Rights Act.

 

Effective 1/1/2020, eligible employees may take up to an additional 30 days of unpaid leave for organ donation in any one-year period. During this unpaid leave, employees are entitled to retain their benefits, including group health care coverage. Payments will be post-tax and billed directly by Fidelity.

 

Managers and employees are responsible for adherence to company policy. Failure to do so may result in disciplinary action up to and including termination.

 

The Hartford complies with all applicable federal and state laws.

 

California-based employees of The Hartford are eligible for this leave if they have been employed by the company for at least 90 days immediately preceding the leave.

 

If eligible, an employee will be provided with up to five days of job-protected leave for bone marrow donation or up to 60 days of job-protected leave for organ donation in any one-year period. This time can be taken as a continuous or intermittent leave.

Any protected organ and bone marrow donation leave shall not run concurrently with leave under the federal Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). As a result, no portion of this leave will count against an employee’s available FMLA or CFRA leave.

 

An employee will receive 100 percent of their pay on the same pay cycle as regular checks for up to 5 days for bone marrow donation and up to 30 days for an organ transplant. 

If an employee needs to file a claim for Organ and Bone Marrow Donation Leave, they must notify their manager of the need for a leave and call HartLeave at 800-727-9737. If their leave is foreseeable, they should call HartLeave at least 30 days in advance of the absence. If leave is foreseeable less than 30 days in advance, the employee must provide notice as soon as practicable - generally, either the same or next business day.

HartLeave will send the employee a packet of information regarding their eligibility for Organ and Bone Marrow Donation Leave and explaining their rights and responsibilities.

 

An employee should contact HartLeave at 800-727-9737 as soon as they anticipate returning to work.

 

If an employee is on an Organ and Bone Marrow Donation leave and realizes they need more leave than originally planned, the employee must notify both their manager and HartLeave of the need and request an extension as soon as possible. Requesting an extension may require the submission to HartLeave of additional medical documentation.

Leaves that total more than five days for bone marrow donation may not be extended, but an employee may be eligible for another type of leave, such as Family Medical Leave. Please refer to that policy for eligibility requirements.

 

If an employee needs more than 30 days of leave for an organ donation, the employee may continue to qualify for Short Term Disability benefits. The employee is also entitled to up to an additional 30 days of unpaid leave. An employee should contact HartLeave at 800-727-9737 as soon as they determine a need for additional time.

 

If an employee does not return from Organ and Bone Marrow Donation Leave on the agreed upon date, and the employee has not provided HartLeave with acceptable medical documentation for their continued absence, they may be subject to disciplinary action up to and including termination.

 

Under some circumstances, employees may take Organ and Bone Marrow Donation Leave "intermittently". Intermittent leave is leave taken in blocks of time or a reduction in the normal weekly or daily work schedule. Intermittent leave could include periodic or continual absences of less than a full day.

An employee will continue to accrue PTO while on Organ and Bone Marrow Donation Leave in the same manner as if they were actively at work. 

 

Employees will be paid for any holidays that occur during any paid Organ and Bone Marrow Donation Leave. Employees will not be paid for any holidays that may occur during an unpaid Organ and Bone Marrow Donation Leave. You will receive credit for holiday time while on leave and will be able to take that time when you return to work.

 

Eligibility for health and welfare benefits, except for Dependent Day Care Spending Accounts, continues while the employee is on any type of leave from The Hartford, including Organ and Bone Marrow Donation Leave.

 

The employee's benefits contributions will continue to be deducted from their pay while on the paid portion of their leave. An employee on an unpaid leave will be direct billed by Fidelity for benefits on a post-tax basis.

An employee will continue to accrue time towards vesting for up to one year.

 

 

Revised: 3/31/2020