Section 202-A. Leave of absence for bone marrow donations  


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  • 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.