N.Y. Labor Law § 202-j: 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

employment.

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.