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In addition to rights of all employees under the federal Family and Medical Leave Act (FMLA) employees in the State of New York may receive a leave of absence for bone marrow donations. In addition, state employees may receive leave for organ donations. The other sections of this article contain a brief summary of these laws.

If you are considering taking leave, consult with your Human Resource Office - preferably with a supervisor to help assure accuracy of the information you receive as well as tips that may be helpful.

Researched and written by:

Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NY 


Bone Marrow Donation Leave For All Employees

Who Is Eligible?

You are eligible for bone marrow donation leave if:

  • You have been employed for an average of at least 20 hours per week,
  • Your employer employs twenty or more employees at at least one of its work sites, and
  • You seek leave for the purpose of donating bone marrow.

How Much Leave Will I Receive?

The length of your leave will be determined by your physician, but it may not exceed 24-work hours unless your employer agrees to a longer period of leave.

Is A Doctor's Note Required?

Your employer may require verification by a doctor about the purpose and length of the leave you are requesting.

Organ and Bone Marrow Donation Leave For Public Employees

Who Is Eligible?

All State of New York employees.

How Much Leave Will I Receive?

You can receive up to seven days of paid leave to undergo a medical procedure to donate bone marrow AND up to thirty days of paid leave to serve as an organ donor.

How Much Notice Is Required?

You must provide your employer with written notice of your intent to use leave at least 14 days in advance. Except: 14 days advanced notice is not required where there is a medical emergency-attested to by a physician-requiring you to participate in the medical procedure or organ donation in less than 14 days.

Is A Doctor's Note Required?

Your employer may require verification by a doctor about the purpose and length of the leave you are requesting.