S T A T E O F N E W Y O R K
________________________________________________________________________
1368
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. JEFFRIES, LAVINE, ZEBROWSKI, COLTON, MILLMAN,
ENGLEBRIGHT, GALEF, ORTIZ, MAYERSOHN, MAISEL, HOYT, GUNTHER, PHEFFER,
PERRY -- Multi-Sponsored by -- M. of A. BING, BOYLAND, BRENNAN,
CAHILL, CLARK, CONTE, FARRELL, GLICK, MARKEY, McDONOUGH, McENENY,
REILLY, SWEENEY, WEISENBERG -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law and the insurance law, in relation to a
leave of absence for employees during testing for, donation of and
recovery from organ donation and providing insurance coverage to
employers who give a paid leave of absence
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The labor law is amended by adding a new section 171 to
read as follows:
S 171. MANDATORY LEAVE OF ABSENCE FOR BONE MARROW OR ORGAN DONATION.
1. FOR PURPOSES OF THIS SECTION:
A. THE TERM "BONE MARROW DONOR" SHALL MEAN, A PERSON FROM WHOSE BODY
BONE MARROW IS TAKEN TO BE TRANSFERRED TO THE BODY OF ANOTHER PERSON.
B. THE TERM "ORGAN" SHALL MEAN A HUMAN ORGAN THAT IS CAPABLE OF BEING
TRANSFERRED FROM THE BODY OF A PERSON TO THE BODY OF ANOTHER PERSON.
C. THE TERM "ORGAN DONOR" SHALL MEAN A PERSON FROM WHOSE BODY AN ORGAN
IS TAKEN TO BE TRANSFERRED TO THE BODY OF ANOTHER PERSON.
D. THE TERM "PRIVATE EMPLOYER" SHALL MEAN A SOLE PROPRIETOR, CORPO-
RATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, OR OTHER ENTITY WITH
TWENTY OR MORE EMPLOYEES.
2. IN ADDITION TO ANY MEDICAL, PERSONAL, OR OTHER PAID LEAVE PROVIDED
BY A PRIVATE EMPLOYER, THE PRIVATE EMPLOYER SHALL GRANT AN EMPLOYEE AN
UNPAID LEAVE OF ABSENCE TO ALLOW THE EMPLOYEE TO SERVE AS AN ORGAN DONOR
OR A BONE MARROW DONOR IF THE EMPLOYEE REQUESTS A LEAVE OF ABSENCE FOR
SUCH PURPOSE. THE LEAVE OF ABSENCE REQUESTED BY THE EMPLOYEE SHALL NOT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04660-01-1
A. 1368 2
EXCEED THIRTY DAYS. THE EMPLOYER MAY REQUIRE VERIFICATION BY A PHYSICIAN
FOR THE PURPOSE AND LENGTH OF EACH LEAVE REQUESTED BY THE EMPLOYEE TO
DONATE BONE MARROW OR SERVE AS AN ORGAN DONOR.
3. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR REQUESTING
OR OBTAINING A LEAVE OF ABSENCE AS PROVIDED BY THIS SECTION FOR THE
PURPOSE OF UNDERGOING A MEDICAL PROCEDURE TO DONATE BONE MARROW OR SERVE
AS AN ORGAN DONOR.
S 2. Subsection (c) of section 3216 of the insurance law is amended by
adding a new paragraph 15 to read as follows:
(15) IT CONTAINS PROVISIONS WHICH PROVIDE THAT THE INSURER OF THE
ORGAN OR BONE MARROW RECIPIENT SHALL PROVIDE COVERAGE WHICH REIMBURSES
THE DONOR'S PRIVATE EMPLOYER FOR WAGES OR SALARY PAID BY THE PRIVATE
EMPLOYER TO THE DONOR WHILE HE OR SHE WAS ON A PAID LEAVE OF ABSENCE TO
SERVE AS AN ORGAN OR BONE MARROW DONOR AS DESCRIBED IN SECTION ONE
HUNDRED SEVENTY-ONE OF THE LABOR LAW.
S 3. Subsection (a) of section 3221 of the insurance law is amended by
adding a new paragraph 17 to read as follows:
(17) IT CONTAINS PROVISIONS WHICH PROVIDE THAT THE INSURER OF THE
ORGAN OR BONE MARROW RECIPIENT SHALL PROVIDE COVERAGE WHICH REIMBURSES
THE DONOR'S PRIVATE EMPLOYER FOR WAGES OR SALARY PAID BY THE PRIVATE
EMPLOYER TO THE DONOR WHILE HE OR SHE WAS ON A PAID LEAVE OF ABSENCE TO
SERVE AS AN ORGAN OR BONE MARROW DONOR AS DESCRIBED IN SECTION ONE
HUNDRED SEVENTY-ONE OF THE LABOR LAW.
S 4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.