State Leave Law Updates

December 27, 2019

California: Update
Washington: Update


Existing state law requires employers to permit an employee to take a leave of absence with pay* of up to 30 business days in a one-year period (measured from the date the employee’s leave begins) for the purpose of organ donation. For purposes of bone marrow donation, state law requires employers to permit an eligible employee to take a leave of absence with pay* of up to 5 business days in a one-year period.

*An employer may require that an employee take up to five days of earned but unused sick leave, vacation, or paid time off for bone marrow donation and up to two weeks of earned but unused sick leave, vacation, or paid time off for organ donation.

Beginning January 1, 2020, AB 1223 will require employers to grant an employee an additional, unpaid leave of absence, not exceeding 30 business days in a one-year period, for the purpose of organ donation.

Leave under this law does not run concurrently with the federal Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA).

Voluntary Plan Employers – The Employment Development Department (EDD) announced in its 2020 Voluntary Plan General Release Letter that annual financial reports (DE 2568V) are now required to include a bank statement from December (ending of year) to January (beginning of year). For example, December 2019 through January 2020. The Larkin Company will request the bank statement to be included with the Q4-2019 DE 3D.

The Employment Security Department (ESD) has released the Employer Notice for the Paid Family & Medical Leave (PFML) program that is going live on January 1, 2020. Under the law, employers in Washington are required to inform employees of the new program by posting the notice in a place customarily used to post other employment-related notices. Along with the notice, employers must provide eligible employees who request leave with a Statement of Employee Rights Notice*.


*The Larkin Company will provide the Statement of Employee Rights Notice to employees who request a leave of absence.


The Larkin Company
2350 Mission College Blvd Ste 390
Santa Clara, CA 95054

The Larkin Company is an administrator of self-insured disability plans (including self-insured California SDI plans) and leave of absence programs for employers. Please call or email us or visit for more information about our services.

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