Hawaii Enacts Organ, Bone Marrow and Stem Cell Donation Leave Law: Employment Law Manual Updated

Authors: Melissa Burdorf, Marta Moakley and Beth P. Zoller, XpertHR Legal Editors

On June 30, Hawaii Gov. Neil Abercrombie signed into law SB 1233, which requires private employers with 50 or more employees to provide time off for the purpose of organ, bone marrow and peripheral blood stem cell donation. The law, which took effect immediately, allows for up to seven days of time off per calendar year for bone marrow and peripheral blood stem cell donation and up to 30 days per calendar year for organ donation.

Leave need not be paid, but an employer may require employees to use three days of accrued but unused sick leave, vacation or paid time off for bone marrow and peripheral blood stem cell donation and up to two weeks for organ donation.

The law prohibits employers from interfering with employees' rights under the law and from retaliating against employees who exercise their rights or oppose an unlawful practice under the law.

To help employers understand their rights and obligations under this new law, the following sections of the Employment Law Manual have been updated: