Bone Marrow Donor Leave – (Effective Date: June 2006) (S.C. Code 44-43-80)

Covered Employers: Employers with 20 or more employees at at least one site within South Carolina and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, county, city or other governmental subdivision.

Employee Eligibility: Employees who work an average of 20 hours per week or more and includes all individuals employed at a site owned or operated by an employer but does not include an independent contractor.

Entitlement: Eligible employees who seek to undergo a medical procedure to donate bone marrow are entitled to 40 hours of leave. The combined length of paid leaves of absence requested by an employee must be determined by the employee but may not exceed forty work hours unless the employer agrees to a longer period of time.

Obligation to Provide Certifications or Documents Supporting Need for Leave: Employees can be required to provide verification from a doctor of the purpose and length of each absence the employee requests to donate bone marrow.

Paid: Yes.

Benefits: Benefits continue.

Reinstatement: An employer may not retaliate against an employee for requesting or obtaining a paid leave of absence as provided by this section.

Other Important Definitions/Requirements: If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence granted to the employee before that medical determination is not forfeited.

Relationship with Other Leave: May run concurrently with the federal Family and Medical Leave Act.

Absence Specification