Leave to Donate Blood
Employers with 20 or more employees are required to provide eligible employees leave to donate blood (New York State Labor Law Section 202-j). Employers must either:
- Grant three hours, during the employee’s regular work schedule, of leave of absence in any twelve month period to an employee who seeks to donate blood off-premises (leave granted for such donation is not required to be paid, and employers may require employees to show proof of their blood donations); or
- Allow employees, during work hours, to donate blood during work hours at least 2 times per calendar year (at least 60 days apart) at a convenient time and place set by the employer (such as a blood drive at the place of employment). This leave must be paid and must be given without the use of already existing leave. Employers must prominently post a notice of the blood donation leave in the workplace at least 2 weeks before the donation date.
Employers may require employees to give reasonable notice of their intended use of blood donation leave. If an employee experiences an emergency requiring donation of blood for the employee’s own surgery or of that of a family member, employers must provide reasonable accommodations for a shorter notice period.
Notice Requirements
Employers must notify employees in writing of their right to take blood donation leave. Such notice may be in the form of a poster located in a prominent spot where employees congregate, or may be included in employees’ paychecks, mailings, employee handbooks or another comparable method. If the employer provides the written notice directly to the employee, it must do so at the time of hire and thereafter to all employees on an annual basis no later than January 15th.
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Leave to Donate Bone Marrow
Employers with 20 or more employees must allow an eligible employee up to 24 hours of leave in order to donate bone marrow (New York State Labor Law, Section 202-a). The employer may require verification by a physician for the purpose and length of each leave requested by the employee to donate bone marrow.
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Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.