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.

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.

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.