1. Policy
Issued: 7/6/2022
Last Reviewed: N/A
Last Revised: N/A
2. Policy Purpose
The University of Southern California (“USC”) provides eligible employees paid leave to donate an organ to another person and to donate bone marrow to another person.
USC expects all employees, supervisors, Deans of Faculty, Department Chairs, and HR Partners to act in good faith when requesting and approving leaves of absence and time-off under this policy.
Non-Retaliation or Discrimination Notice
USC will not take adverse employment action against an Eligible Individual for requesting or taking leave as permitted under this policy.
If an Eligible Individual believes an adverse employment action has been or is being taken for exercising rights under this policy, the Eligible Individual should contact the USC Office of Professionalism and Ethics, the Office for Equity, Equal Opportunity, and Title IX, and/or the Office of Culture, Ethics, and Compliance.
3. Scope and Application
USC provides a leave of absence to all eligible employees for bone marrow and organ donation leave. To be eligible, employees must have been employed with USC for 90 days immediately preceding the commencement of leave. Additionally, USC may require written certification that the employee is a bone marrow or organ donor, and that the procedure is medically necessary.
In the event of a discrepancy between this policy and an employee’s collective bargaining agreement, the terms of the collective bargaining agreement will govern but a collective bargaining agreement may not diminish the rights provided under this policy.
4. Definitions
| TERM | DEFINITION |
| Eligible Individual(s) | Eligible Individual(s) of the of the University include employees employed with USC for 90 days immediately preceding the commencement of leave |
| Treating Physician | A treating physician is a physician who furnishes a consultation or treats a beneficiary for a specific medical problem, and who uses the results of a diagnostic test in the management of the beneficiary’s specific medical problem. |
5. Policy Details
Length of Leave and Pay Continuance
Within a 12-month period, eligible employees are allowed up to:
- Five (5) business days of paid leave for bone marrow donation
- Thirty (30) business days of paid leave for organ donation followed by thirty (30) business days of unpaid leave
At the time an employee takes the leave of absence, the employee is first required to use up to five (5) days of accrued sick or vacation/PTO time for bone marrow donation and up to ten (10) days of accrued sick or vacation/PTO time for organ donation, to the extent the employee has such time available in the employee’s sick or vacation/PTO banks.
To the extent such time is not available in the employee’s sick or vacation/PTO banks, it will be paid. Such leave will be paid at the employee’s base rate of pay.
Return to Work
Upon conclusion of leave, employees will be reinstated to the same position held when leave began, or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment.
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, paid time off, annual leave, or seniority.
Other Leave Considerations
This leave cannot be taken concurrently with Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), and the leave is not counted against an employee’s annual FMLA/CFRA entitlement.
6. Procedures
Employees should request leave under this policy with as much advanced notice as possible by contacting the HR Service Center. An employee must provide written documentation from a medical provider that they are donating an organ or bone marrow and that there is a medical necessity for the donation.
During leave under this policy the company will maintain health plan and insurance coverage for employees and their family members on the same terms as if the employees had continued to work. If applicable, employees should make arrangements to pay their share of premiums while on leave.
Supervisors and Deans or Department Chairs with questions regarding the application of this policy should consult the HR Service Center for additional guidance.
7. Forms
The following Supporting Documents and Forms are applicable to USC’s Bone Marrow and Organ Donation Leave:
| Form | Description |
| Medical Certification | Written certification by a treating physician that certifies the employee is a bone marrow or organ donor, and that the procedure is medically necessary. |
8. Responsibilities
| POSITION or OFFICE | RESPONSIBILITIES |
| HR Service Center | Support the employee, supervisors and Deans or Department Chairs with questions and application of the policy |
9. Related Information
Available hyperlinks to: (i) related policies; (ii) applicable legal or regulatory information (from the Purpose section); or (iii) FAQ documents, or other information related to the policy.
10. Contact Information
| OFFICE | PHONE | |
| USC HR Service Center | (213) 821-8100 | uschr@usc.edu |