labor lawAdivision of labor law center

Under section 202-j of the New York Labor Laws, employers are required to give workers up to 3 hours of unpaid leave, each year, for off-premises blood donation, or to hold blood drives at work. Employees must be permitted to take the time off during their regularly scheduled hours, without negative action by the employer or job repercussions. Blood donation leave cannot be carried over, so employees who fail to use the leave in 2008 are not entitled to 6 hours of unpaid leave in 2009.

 

This New York Employee Blood Donation Leave law is enforced by the New York Department of Labor, Division of Labor Standards.

 

Any additional time that employees may request for blood donation leave is subject to company policy or union rules regarding leave.

 

A New York employer can offer alternatives to unpaid blood donation leave for the purpose of donating blood at a convenient time and place, set by the employer. These alternatives may include a blood drive at the place of employment.  Two or more employers can collaborate in the blood drive. These blood donation leave alternatives include paid leave granted without the employee using any vacation, personal, sick or other existing leave accruals. Employees must be provided with enough time to donate blood, have a brief rest and a snack before returning to work.

 

Alternatives to unpaid blood donation leave must be given twice per calendar year. They must be scheduled during the employee’s normal work hours and shall not require the employee to travel an unreasonable distance. Notice of the drive must be prominently posted in the workplace at least two weeks prior to the event prior to December 1.  The two events must be at least 60 days apart. The blood drive or other alternative arrangement cannot be scheduled for a time when may employees are away from work, for example, during the period between Christmas and New Years Day.

 

If an employee is unable to attend one or more of the alternatives to unpaid blood donation (for example, because the employee is sick or on vacation) then the employer must still provide the unpaid blood donation leave.

 

The New York Department of Labor encourages employers who offer blood drives to also offer annual unpaid blood donation leave, but it is not a legal requirement.

 

 

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