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This entry was published on 2014-09-22
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Leave of absence for bone marrow donations
§ 202-a. Leave of absence for bone marrow donations. 1. For the
purposes of this section, the following terms shall have the following

(a) "Employee" means a person who performs services for hire for an
employer, for an average of twenty or more hours per week, and includes
all individuals employed at any site owned or operated by an employer
but shall not include an independent contractor.

(b) "Employer" means a person or entity that employs twenty or more
employees at at least one site and includes an individual, corporation,
partnership, association, nonprofit organization, group of persons,
county, town, city, school district, public authority or other
governmental subdivision of any kind.

2. An employer must grant leaves of absence to an employee who seeks
to undergo a medical procedure to donate bone marrow. The combined
length of the leaves shall be determined by the physician, but may not
exceed twenty-four work hours, unless agreed to by the employer. The
employer may require verification by a physician for the purpose and
length of each leave requested by the employee to donate bone marrow.

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.

4. The provisions of this section shall not prevent an employer from
providing leave for bone marrow donations in addition to leave allowed
under any other provision of law. The provisions of this section shall
not affect an employee's rights with respect to any other employee
benefit otherwise provided by law.