The Michelle Bill

Senate Bill (SB) 1304, also know as The Michelle Maykin Memorial Donation Protection Act, was name after Co Hoangmongthu daughter.

Thông báo đặc biệt

Lần đầu tiên trong lịch sử tỵ nạn Việt Nam tại CA. một di dân vận động thành công dự án luật tại Thượng viện:

Chị Hoàng mộng Thu với luật bảo vệ quyền lợi cho công và tư chức tại tiểu bang California khi đi hiến tủy và nội tạng để cứu người.

Dự luật sẽ mang tên con gái của chị là Michelle đã qua đời vì ung thư máu.

Ðương kim thống đốc CA sẽ ký thành luật vào lúc 12 giờ trưa ngày thứ ba 3-10-2010.

Buổi lễ tổ chức tại:

The Mary L. Johnson Pediatric Ambulatory Care Center

Lucile Packard Children's Hospital

730 Welch Road Palo Alto, CA.

Sau đây là nguyên văn tài liệu bằng anh ngữ đính kèm do Dr. Lam gửi đến.

Sẽ có bài viết đầy đủ về việc này cùng hình ảnh buổi lễ ký luật mang tên Michelle nay không còn nữa.

The Michelle Bill

The Governor's bill signing ceremony will be held tomorrow at 12 PM at the address below.

The Mary L. Johnson Pediatric Ambulatory Care Center

Lucile Packard Children's Hospital

730 Welch Road Palo Alto, CA

Senate Bill (SB) 1304, also know as The Michelle Maykin Memorial Donation Protection Act, was name after Co Hoangmongthu daughter.

Basically, prior to this bill, only state employee were protected when they were call to donate stem cells or an organ to help save someone else life.

With the Governor signing this bill, all employee in the state of California who work for an employer with 15 or more employees will now be protected and have

legal rights if they get call to donate stem cell or an organ.

The bill was introduced February 19th, 2010 by State Senator DeSaulnier (of Walnut Creek). The bill's coauthors are: Senator Liu and Assembly Members Eng, Furutani, and Swanson.

The bill was amended in Senate on April 19th and May 18th, 2010.

The bill passed the Senate on June 2nd, 2010.

The bill passed the Assembly on August 26th, 2010.

The bill was approved by the Governor on September 30, 2010.

I am attaching the bill's full text for any specific details that you may need below. ÔPlease feel free to contact me on cell at 408-839-2635 Ô408-839-2635 if I can answer any question.( Dr. Lam)

  
 
BILL NUMBER: SB 1304       CHAPTERED
             BILL TEXT
 
             CHAPTER 646
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2010 APPROVED BY GOVERNOR SEPTEMBER 30, 2010
             PASSED THE SENATE JUNE 2, 2010
             PASSED THE ASSEMBLY AUGUST 26, 2010
             AMENDED IN SENATE MAY 18, 2010
             AMENDED IN SENATE APRIL 19, 2010
 
INTRODUCED BY Senator DeSaulnier
(Coauthor: Senator Liu)
(Coauthors: Assembly Members Eng, Furutani, and Swanson)
 
FEBRUARY 19, 2010
 
An act to add Part 5.5 (commencing with Section 1508) to Division 2 of the Labor Code, relating to employment.
 
 
 LEGISLATIVE COUNSEL'S DIGEST
 
  SB 1304, DeSaulnier. Employment: leave and benefits. Existing law requires that employees of the state who have exhausted all available sick leave be permitted to take a leave of absence with pay, not exceeding 30 days for the purpose of organ
donation and not
 exceeding 5 days for bone
 marrow donation, as
 prescribed.
This bill would require private employers to permit employees to take similar paid leaves of absence for organ and bone marrow donation. The bill would require a private employer to restore an employee returning from leave for organ or bone marrow donation to the same position held by the employee when the leave began or an equivalent position. The bill would prohibit a private employer from interfering with an employee taking organ or bone marrow donation leave and from retaliating against an employee for taking that leave or opposing an unlawful employment practice related to organ or bone marrow donation leave. The bill would also create a private right of action for an aggrieved employee to seek enforcement of these provisions.
 
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
 
SECTION 1. Part 5.5 (commencing with Section 1508) is added to Division 2 of the Labor Code, to read:
 
PART 5.5. ORGAN AND BONE MARROW DONATION
 
1508.   This part shall
 be known and may be cited as the Michelle Maykin Memorial Donation Protection Act.
1509.   For purposes of this part, the following terms have the following meanings:
             (a) “Employee” and “employee benefits” have the same meanings set forth in Section 1500.
             (b) “Employer” means any person, partnership, corporation, association, or other business entity that employs 15 or more employees.
1510. (a) Subject to subdivision (b), an employer shall grant to an employee the following paid leaves of absence:
              (1) A leave of absence not exceeding 30 days to an employee who is an organ donor in any one-year period, for the purpose of donating his or
 her organ to another person.
             2) A leave of absence not exceeding five days to an employee who is a bone marrow donor in any one-year period, for the purpose of donating his or her bone marrow to another person.
             (b) In order to receive a leave of absence pursuant to subdivision (a), an employee shall provide written verification to his or her employer that he or she is an organ or bone marrow
 donor and that there is a medical necessity for the donation of the organ or bone marrow.
  (c) Any period of time during which an employee is required to be absent from his or her position by reason of being an organ or bone marrow donor is not a break in his or her continuous service for the purpose
 of his or her right to salary adjustments, sick leave, vacation, annual leave, or seniority. During any period that an employee takes leave pursuant to subdivision (a), the employer shall maintain and pay for coverage under a group health plan, as defined in Section 5000(b) of the Internal Revenue Code of 1986, for the full duration of the leave.
             (d) This part does not affect the obligation of an employer to comply with a collective bargaining agreement or employee benefit plan that provides greater leave rights to employees than the rights provided under this part.
             (e) The rights provided under this part shall not be diminished by a collective bargaining agreement or employee benefit plan entered into on or after January 1, 2011.
             (f) An employer may require as a condition of an employee's initial receipt of bone marrow or organ
 donation leave that an employee take up to five days of earned but unused sick or vacation leave for bone marrow donation and up to two weeks of earned but unused sick or vacation leave for organ donation, unless doing so would violate the provisions of any applicable collective bargaining
agreement.
             (g) Notwithstanding existing law, bone marrow and organ donation leave shall not be taken concurrently with any leave taken pursuant to the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or the California Family Rights Act (Sections 12945.2 and 19702.3 of the Government Code).
             (h) Leave provided for pursuant to this section may be taken in one or more periods.
1511. An employer shall, upon expiration of a leave authorized by this part, restore an employee to the position held by him or her when the leave began or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment. An employer 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.
1512.   (a) An employer shall not interfere with, restrain, or denythe exercise or the attempt to exercise a right established by this part.
 (b) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against an employee who does either of the following:
                          (1) Exercises a right provided under this part.
                          (2) Opposes a practice made unlawful by this part.
1513.   (a) An employee may bring a civil action in the superior court of the appropriate county to enforce this part.
             (b) The court may enjoin any act or practice that violates this part and may order any equitable relief necessary and appropriate to redress the violation or to enforce this part.