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This entry was published on 2014-09-22
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Leave of absence for blood donation granted to employees
§ 202-j. Leave of absence for blood donation granted to employees. 1.
For the purposes of this section, the following terms shall have the
following meanings:

(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,
state, county, town, city, school district, public authority or other
governmental subdivision of any kind.

2. An employer must either, at its option: (a) grant three hours of
leave of absence in any twelve month period to an employee who seeks to
donate blood; provided that the leave of absence may not exceed three
hours, unless otherwise agreed to by the employer, and must comply with
the requirements established by the commissioner under subdivision five
of this section; or (b) allow its employees without use of accumulated
leave time to donate blood during work hours at least two times per year
at a convenient time and place set by the employer, including allowing
an employee to participate in a blood drive at the employee's place of

3. An employer shall not retaliate against an employee for requesting
or obtaining a leave of absence under this section.

4. This section shall not prevent an employer from providing leave for
blood donation in addition to leave allowed under any other provision of
law. This section shall not affect an employee's rights with respect to
any other employee benefit otherwise provided by law.

5. The commissioner is hereby authorized and directed to establish any
necessary guidelines, including requirements for notice, request and
approval of leave, and documentation, for the timely implementation of
the program.