§ 202-j. Leave of absence for blood donation granted to employees. 1.\nFor the purposes of this section, the following terms shall have the\nfollowing meanings:\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,\nstate, county, town, city, school district, public authority or other\ngovernmental subdivision of any kind.\n 2. An employer must either, at its option:
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§ 202-j. Leave of absence for blood donation granted to employees. 1.\nFor the purposes of this section, the following terms shall have the\nfollowing meanings:\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,\nstate, county, town, city, school district, public authority or other\ngovernmental subdivision of any kind.\n 2. An employer must either, at its option: (a) grant three hours of\nleave of absence in any twelve month period to an employee who seeks to\ndonate blood; provided that the leave of absence may not exceed three\nhours, unless otherwise agreed to by the employer, and must comply with\nthe requirements established by the commissioner under subdivision five\nof this section; or (b) allow its employees without use of accumulated\nleave time to donate blood during work hours at least two times per year\nat a convenient time and place set by the employer, including allowing\nan employee to participate in a blood drive at the employee's place of\nemployment.\n 3. An employer shall not retaliate against an employee for requesting\nor obtaining a leave of absence under this section.\n 4. This section shall not prevent an employer from providing leave for\nblood donation in addition to leave allowed under any other provision of\nlaw. This section shall not affect an employee's rights with respect to\nany other employee benefit otherwise provided by law.\n 5. The commissioner is hereby authorized and directed to establish any\nnecessary guidelines, including requirements for notice, request and\napproval of leave, and documentation, for the timely implementation of\nthe program.\n