§ 202-A — Leave of absence for bone marrow donations

New York § 202-A

• Jurisdiction: New York
• Law LAB: Labor
• Art. 7: General Provisions

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§ 202-a. Leave of absence for bone marrow donations. 1. For the\npurposes of this section, the following terms shall have the following\nmeanings:\n (a) "Employee" means a person who performs services for hire for an\nemployer, for an average of twenty or more hours per week, and includes\nall individuals employed at any site owned or operated by an employer\nbut shall not include an independent contractor.\n (b) "Employer" means a person or entity that employs twenty or more\nemployees at at least one site and includes an individual, corporation,\npartnership, association, nonprofit organization, group of persons,\ncounty, town, city, school district, public authority or other\ngovernmental subdivision of any kind.\n 2. An employer must grant leaves of absence to an employee who seeks\nto undergo a medical procedure to donate bone marrow. The combined\nlength of the leaves shall be determined by the physician, but may not\nexceed twenty-four work hours, unless agreed to by the employer. The\nemployer may require verification by a physician for the purpose and\nlength of each leave requested by the employee to donate bone marrow.\n 3. An employer shall not retaliate against an employee for requesting\nor obtaining a leave of absence as provided by this section for the\npurpose of undergoing a medical procedure to donate bone marrow.\n 4. The provisions of this section shall not prevent an employer from\nproviding leave for bone marrow donations in addition to leave allowed\nunder any other provision of law. The provisions of this section shall\nnot affect an employee's rights with respect to any other employee\nbenefit otherwise provided by law.\n