Section 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.