New York Blood Donation

Covered Employers: Employers with 20 or more employees at at least one site

Employee Eligibility: Employees who work an average of 20 or more hours per week

Entitlement: An employer has two options:

• Allow employees 3 hours of leave in any 12 month period to donate blood, or

• Allow employees to donate blood during work hours at least two times per year (at least 60 days apart) at a convenient time and place set by the employer, with no draw on the employee's leave time (for example, at an on-site blood drive).

Employer Notice: Employers must notify all employees of their right to take blood donation leave. This notification must be in writing, at time of hire and annually thereafter (no later than January 15), in a manner that will ensure employees will see it.

Employee Notice: Employers may require that employees provide reasonable notice of their intended use of leave time. If the donation will take place off-premises, three working days' notice is considered reasonable. If leave is for a blood donation leave alternative, reasonable notice would consist of notice two days prior to the day on which leave will be taken. If the employee fills a position essential to the operation of the employer or necessary to comply with legal requirements, the employer can require notice that is longer than is necessary to fill the position, but not longer than 10 days. The employer must notify employees of an extended notice requirement. If the donation is in response to an emergency related to the employee's surgery or the surgery of a family member, reasonable accommodations must be made for a shorter notice period.

Certification Supporting Need for Leave: An employer may require employees making off-premises blood donations to show proof of blood donation or a good faith effort at blood donation.

Paid?: Off-premises blood donation does not have to be paid. Time to donate blood at a place and time of the employer's choosing must be paid. An employer may not require employees to substitute accrued paid leave for unpaid leave.

Benefits: Not specified

Reinstatement: Employee must be reinstated to his or her position

Other Important Definitions/Requirements: An employer shall not retaliate against an employee for requesting or obtaining a leave of absence.

Absence Specification