N.Y. Labor Law § 202-a: 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

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,

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.