New York Bone Marrow

New York Bone Marrow Donation Leave - N.Y. Lab. Law § 202-a

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

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

Entitlement: Unpaid leave of absence for employees who seek to undergo a medical procedure to donate bone marrow. The combined length of the leaves shall be determined by the physician but cannot exceed 24 work hours for each bone marrow donation unless agreed to by the employer.

Employer Notice: Not specified

Employee Notice: For scheduled donation, no less than 24 hours. For unscheduled donations, notice as soon as possible after receipt of the request to donate. (Note: the Absence product does not have an automated way of identifying whether enough notice was given, because it is impossible to identify in the system whether the employee could foresee their need for leave, and if so, when they knew they would need leave.)

Paid? Unpaid

Benefits : Not Specified

Relationship with other leaves: Not Specified

Other Important Definitions/Requirements: Retaliation against an employee for requesting or obtaining a leave under the statute is unlawful.

Absence Specs

Concurrency

  • Does not run concurrently with Federal FMLA

Employer Eligibility

  • Employers with at least 20 employees at one or more sites

Employee Eligibility

  • Average of 20 hours per week

  • 0 months of service

Length of time provided

  • 24 hours for each bone marrow donation

Calendar Type

  • Time is measured per donation