Int. No. 831

By Council Member Morano

A Local Law to amend the administrative code of the city of New York, in relation to providing leave for bone marrow and living organ donation and establishing a city bone marrow and living organ donor honor roll

Be it enacted by the Council as follows:

Section 1. Section 20-912 of the administrative code of the city of New York, as amended by local law number 145 for the year 2025, is amended to read as follows:

§ 20-912 Definitions. [When] As used in this chapter, the following terms [shall be defined as follows] have the following meanings:

Bone marrow donation. The term “bone marrow donation” means a donation of bone marrow for transplantation into another person.

Calendar year. The term “calendar year” means a regular and consecutive [twelve] 12-month period, as determined by an employer.

Chain business. The term “chain business” means any employer that is part of a group of establishments that share a common owner or principal who owns at least [thirty] 30 percent of each establishment where such establishments (i) engage in the same business or (ii) operate pursuant to franchise agreements with the same franchisor as defined in general business law section 681; provided that the total number of employees of all such establishments in such group is at least [five] 5.

Child. The term “child” means a biological, adopted or foster child, a legal ward, or a child of an employee standing in loco parentis.

Commissioner. The term “commissioner” means the commissioner of consumer and worker protection.

Department. The term “department” means the department of consumer and worker protection.

Domestic partner. The term “domestic partner” means any person who has a registered domestic partnership pursuant to section 3-240 of the code, a domestic partnership registered in accordance with executive order number 123, dated August 7, 1989, or a domestic partnership registered in accordance with executive order number 48, dated January 7, 1993.

Domestic worker. The term “domestic worker” means any person who provides care for a child, companionship for a sick, convalescing or elderly person, housekeeping, or any other domestic service in a home or residence.

Employee. The term “employee” means any “employee” as defined in subdivision 2 of section 190 of the labor law who is employed for hire within the city [of New York] who performs work on a full-time or part-time basis, including work performed in a transitional jobs program pursuant to section 336-f of the social services law, but not including work performed as a participant in a work experience program pursuant to section 336-c of the social services law, and not including those who are employed by (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society or other body of the state including the legislature and the judiciary; or (iii) the city [of New York] or any local government, municipality or county or any entity governed by section 92 of the general municipal law or section 207 of the county law.

Employer. The term “employer” means any “employer” as defined in subdivision (3) of section 190 of the labor law, but not including (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society or other body of the state including the legislature and the judiciary; or (iii) the city [of New York] or any local government, municipality or county or any entity governed by general municipal law section 92 or county law section 207. In determining the number of employees performing work for an employer for compensation during a given week, all employees performing work for compensation on a full-time, part-time or temporary basis shall be counted, provided that where the number of employees who work for an employer for compensation per week fluctuates, business size may be determined for the current calendar year based upon the average number of employees who worked for compensation per week during the preceding calendar year, and provided further that in determining the number of employees performing work for an employer that is a chain business, the total number of employees in that group of establishments shall be counted.

Family member. The term “family member” means an employee’s child, spouse, domestic partner, parent, sibling, grandchild or grandparent; the child or parent of an employee’s spouse or domestic partner; and any other individual related by blood to the employee; and any other individual whose close association with the employee is the equivalent of a family relationship.

Family offense matter. The term “family offense matter” means an act or threat of an act that may constitute disorderly conduct, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision 1 of section 130.60 of the penal law, stalking in the first degree, stalking in the second degree, stalking in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, strangulation in the first degree, strangulation in the second degree, criminal obstruction of breathing or blood circulation, assault in the second degree, assault in the third degree, an attempted assault, identity theft in the first degree, identity theft in the second degree, identity theft in the third degree, grand larceny in the fourth degree, grand larceny in the third degree or coercion in the second degree as set forth in subdivisions 1, 2 and 3 of section 135.60 of the penal law between spouses or former spouses, or between parent and child or between members of the same family or household.

Grandchild. The term “grandchild” means a child of an employee's child.

Grandparent. The term “grandparent” means a parent of an employee's parent.

Health care provider. The term “health care provider” means any person licensed under federal or New York state law to provide medical or emergency services, including, but not limited to, doctors, nurses, emergency room personnel and social workers.

Hourly professional employee. The term “hourly professional employee” means any individual (i) who is professionally licensed by the New York state education department, office of professions, under the direction of the New York state board of regents under education law sections 6732, 7902 or 8202, (ii) who calls in for work assignments at will determining his or her own work schedule with the ability to reject or accept any assignment referred to them and (iii) who is paid an average hourly wage which is at least [four] 4 times the federal minimum wage for hours worked during the calendar year.

Human trafficking. The term “human trafficking” means an act or threat of an act that may constitute sex trafficking, as defined in section 230.34 of the penal law, or labor trafficking, as defined in section 135.35 and 135.36 of the penal law.

Living organ donation. The term “living organ donation” means a donation by a living person of an organ or a part of an organ for transplantation into another person.

Member of the same family or household. The term “member of the same family or household” means (i) persons related by consanguinity or affinity; (ii) persons legally married to or in a domestic partnership with one another; (iii) persons formerly married to or in a domestic partnership with one another regardless of whether they still reside in the same household; (iv) persons who have a child in common, regardless of whether such persons have been married or domestic partners or have lived together at any time; and (v) persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time.

Minor Child. The term “minor child” means a child under the age of 18.

Paid prenatal leave. The term “paid prenatal leave” means paid prenatal personal leave as defined in subdivision 4-a of section 196-b of the labor law.

Parent. The term “parent” means a biological, foster, step- or adoptive parent, or a legal guardian of an employee, or a person who stood in loco parentis when the employee was a minor child.

Public disaster. The term “public disaster” means an event such as fire, explosion, terrorist attack, severe weather conditions or other catastrophe that is declared a public emergency or disaster by the president of the United States, the governor of the state of New York or the mayor of the city [of New York].

Public health emergency. The term “public health emergency” means a declaration made by the commissioner of health and mental hygiene pursuant to subdivision d of section 3.01 of the New York city health code or by the mayor pursuant to section 24 of the executive law.

Public service commission. The term “public service commission” means the public service commission established by section 4 of the public service law.

Safe time. The term “safe time” means time that is provided by an employer to an employee that can be used for the purposes described in subdivision b of section 20-914 of this chapter, whether or not compensation for that time is required pursuant to this chapter.

Safe/sick time. The term “safe/sick time” means time that is provided by an employer to an employee that can be used for the purposes described in subdivisions a and b of section 20-914 of this chapter, whether or not compensation for that time is required pursuant to this chapter.

Sexual offense. The term “sexual offense” means an act or threat of an act that may constitute a violation of article 130 of the penal law.

Sibling. The term “sibling” means an employee's brother or sister, including half-siblings, step-siblings and siblings related through adoption.

Sick time. The term “sick time” means time that is provided by an employer to an employee that can be used for the purposes described in subdivision a of section 20-914 of this chapter, whether or not compensation for that time is required pursuant to this chapter.

Spouse. The term “spouse” means a person to whom an employee is legally married under the laws of the state of New York.

Stalking. The term “stalking” means an act or threat of an act that may constitute a violation of section 120.45, 120.50, 120.55, or 120.60 of the penal law.

Workplace violence. The term “workplace violence” means any act or threat of violence against an employee that occurs in a place of employment.

§ 2. Chapter 8 of title 20 of the administrative code of the city of New York is amended by adding a new section 20-913.1 to read as follows:

§ 20-913.1 Bone marrow donation leave and living organ donation leave. a. Any employee who undergoes a medical procedure to make a bone marrow donation shall be provided with up to 5 business days of unpaid leave. Any employee who undergoes a medical procedure to make a living organ donation shall be provided with up to 20 business days of unpaid leave. To utilize the leave provided pursuant to this section, the employee must provide their employer with documentation prepared by a licensed health care provider which states that the employee intends to participate or has participated in the medical procedure for which the leave is sought. Leave provided pursuant to this section shall be in addition to any other leave provided by the employer.

b. Bone marrow donation leave and living organ donation leave an employee is entitled to under this section applies for:

1. The 12-month period of continuous employment beginning on the commencement date of the employee’s employment or the effective date of the local law that created this entitlement, whichever is later; and

2. Each subsequent 12-month period of continuous employment.     

c. Subject to appropriation, the commissioner shall establish a program to provide employees with a wage-replacement benefit to compensate employees for unpaid leave taken for bone marrow donation or living organ donation leave pursuant to this section. The wage-replacement benefit shall be paid at the employee’s regular rate of pay at the time each such leave is taken, provided that the rate of pay cannot be less than the highest applicable rate of pay to which the employee would be entitled pursuant to subdivision 1 of section 652 of the labor law, or any other applicable federal, state, or local law, rule, contract, or agreement. For the purposes of this section, the rate of pay must be calculated without allowing for any tip credit or tip allowance set forth in any deferral, state or local law, rule, contract, or agreement.

d. An employer or the department may require that, within 7 days of an employee’s use of bone marrow donation leave or living organ donation leave, the employee provide reasonable documentation that the use of either category of leave was authorized by this section. Reasonable documentation may include documentation signed by a licensed health care provider indicating the need for leave taken. An employer must not require that the documentation specify the nature of the employee's medical procedure except as otherwise required by law. If a health care provider charges an employee a fee for the provision of documentation requested by their employer, the department must reimburse the employee for the fee charged.

e. An employer must not require an employee to work additional hours to make up for the original hours the employee was absent from work utilizing leave provided pursuant to this section.

§ 4. The section heading of section 20-914 of the administrative code of the city of New York, as amended by local law number 145 for the year 2025, is amended to read as follows:

§ 20-914 Use of safe/sick time and bone marrow or living organ donation leave.

§ 5. Subdivisions c, d, e, and f of section 20-914 of the administrative code of the city of New York, as amended by local law number 97 for the year 2020, are amended to read as follows:

c. An employer may require reasonable notice of the need to use safe/sick time. Where such need is foreseeable, an employer may require reasonable advance notice of the intention to use such [safe/sick] time, not to exceed 7 days prior to the date such [safe/sick] time is to begin. Where such need is not foreseeable, an employer may require an employee to provide notice of the need for the use of the [safe/sick] time as soon as practicable.

   d. Nothing herein shall prevent an employer from requiring an employee to provide written confirmation that an employee used safe/sick time, bone marrow donation leave, or living organ donation leave pursuant to this section.

   e. An employer shall not require an employee, as a condition of taking safe/sick time, bone marrow donation leave, or living organ donation leave to search for or find a replacement worker to cover the hours during which such employee is utilizing time.

   f. Nothing in this chapter shall be construed to prohibit an employer from taking disciplinary action, up to and including termination, against a worker who uses safe/sick time, bone marrow donation leave, or living organ donation leave provided pursuant to this chapter for purposes other than those described in this section.

§ 6. Section 20-916, as added by local law number 46 for the year 2013, is amended to read as follows:

   a.   The provisions of this chapter shall not apply to any employee covered by a valid collective bargaining agreement if (i) such provisions are expressly waived in such collective bargaining agreement and (ii) such agreement provides for superior or comparable benefits for the employees covered by such agreement in the form of paid or unpaid time off; such time off shall be in the form of leave, compensation, other employee benefits, or some combination thereof. Comparable benefits shall include, but are not limited to, vacation time, personal time, and holiday and Sunday time pay at premium rates, provided however that unpaid time off shall not be considered a comparable benefit for purposes of paid safe/sick time or paid prenatal leave under section 20-913.

b. Notwithstanding subdivision a of this section, the provision[s] of safe/sick time or paid prenatal leave pursuant to this chapter shall not apply to any employee in the construction or grocery industry covered by a valid collective bargaining agreement if such provisions are expressly waived in such collective bargaining agreement.

c. Except as provided in subdivisions a and b of this section, the requirement to provide bone marrow donation leave and living organ donation leave under section 20-913.1 cannot be waived.

§ 7. Subdivision c of section 20-918 of the administrative code of the city of New York, as amended by local law number 97 for the year 2020, is amended to read as follows:

c. Adverse actions include, but are not limited to, threats, intimidation, discipline, discharge, demotion, suspension, harassment, discrimination, reduction in hours or pay, informing another employer of an employee’s exercise of rights under this chapter, blacklisting, and maintenance or application of an absence control policy that counts protected leave for safe/sick time, bone marrow donation leave, or living organ donation leave as an absence that may lead to or result in an adverse action. Adverse actions include actions related to perceived immigration status or work authorization.

§ 8. Section 20-919 of the administrative code of the city of New York, as amended by local law number 97 for the year 2020, is amended to read as follows:

§ 20-919 Notice of rights. a. 1. An employer shall provide an employee with written notice of such employee's right to safe/sick time, and to bone marrow organ donation leave and living organ donation leave pursuant to this chapter[, including the accrual and use of safe/sick time, the calendar year of the employer, and the right to be free from retaliation and to file a complaint with the department.]. Written notice provided pursuant to this section must include information on the use of safe/sick time, bone marrow donation leave, and living organ donation leave, the calendar year of the employer, and the right to be free from retaliation and to file a complaint with the department. Written notice provided pursuant to this section for safe/sick time must also include information on the accrual of safe/sick time. Such notice shall be in English and the primary language spoken by that employee, provided that the department has made available a translation of such notice in such language pursuant to subdivision b of this section. Such notice shall also be conspicuously posted at an employer's place of business in an area accessible to employees.

2. Such notice shall be provided to each employee at the commencement of employment. For employees who were already employed prior to the effective dates of provisions of this chapter establishing their right to safe/sick time, bone marrow donation leave, or living organ donation leave, such notice shall be provided within [thirty] 30 days of the effective date of the local law that established each such right.

b. The department shall create and make available notices that contain the information required pursuant to subdivision a of this section concerning safe/sick time, [and] bone marrow donation leave, and living organ donation leave, and such notices shall allow for the employer to fill in applicable dates for such employer's calendar year. Such notices shall be posted in a downloadable format on the department's website in Chinese, English, French-Creole, Italian, Korean, Russian, Spanish and any other language deemed appropriate by the department.

c. The amount of safe/sick time accrued and used during a pay period and an employee's total balance of accrued safe/sick time shall be noted on a pay statement or other form of written documentation provided to the employee each pay period. The amount of bone marrow donation leave and living organ donation leave used during a pay period and an employee’s total balance of bone marrow donation leave and living organ donation leave remaining shall be noted on a pay statement or other form of written documentation provided to the employee each pay period.

d. Any person or entity that willfully violates the notice requirements of this section shall be subject to a civil penalty in an amount not to exceed [fifty] 50 dollars for each employee who was not given appropriate notice pursuant to this section.

§ 9. Section 20-921 of the administrative code of the city of New York, as amended by local law number 97 for the year 2020, is amended to read as follows:

§ 20-921 Confidentiality and nondisclosure. An employer [may] must not require the disclosure of details relating to the underlying reason for using safe/sick time, bone marrow donation leave, or living organ donation leave as a condition of providing such safe/sick time or donation leave under this chapter. Health information about an employee, or an employee's family member or care recipient, and information concerning  the personal situation that led the employee to use safe time, bone marrow donation leave, or living organ donation leave obtained solely for the purposes of utilizing safe/sick time, bone marrow donation leave, or living organ donation leave pursuant to this chapter, shall be treated as confidential and shall not be disclosed except by the affected employee, with the written permission of the affected employee or as required by law. Provided, however, that nothing in this section shall preclude an employer from considering information provided in connection with a request for safe/sick time, bone marrow donation leave, or living organ donation leave in connection with a request for reasonable accommodation pursuant to subdivision 22 or 27 of section 8-107.

§ 10. Section 20-922 of the administrative code of the city of New York, as amended by local law number 97 for the year 2020, is amended to read as follows:

§ 20-922 Encouragement of more generous policies; no effect on more generous policies. a. Nothing in this chapter shall be construed to discourage or prohibit the adoption or retention of a [safe time or sick time] safe/sick time, bone marrow donation leave, or living organ donation leave policy more generous than that which is required herein.

b. Nothing in this chapter shall be construed as diminishing the obligation of an employer to comply with any contract, collective bargaining agreement, employment benefit plan or other agreement providing more generous [safe time or sick time] safe/sick time, bone marrow donation leave, or living organ donation leave to an employee than required herein.

c. Nothing in this chapter shall be construed as diminishing the rights of public employees regarding [safe time or sick time] safe/sick time, bone marrow donation leave, or living organ donation leave as provided pursuant to federal, state or [city] local law.

§ 11. Subdivision a of section 20-923 of the administrative code of the city of New York, as amended by local law number 97 for the year 2020, is amended to read as follows:

a. This chapter provides minimum requirements pertaining to [safe time or sick time] safe/sick time, bone marrow donation leave, and living organ donation leave and shall not be construed to preempt, limit or otherwise affect the applicability of any other law, regulation, rule, requirement, policy or standard that provides for greater accrual or use by employees of [safe time  or sick time] safe/sick time, bone marrow donation leave, or living organ donation leave, whether paid or unpaid, or that extends other protections to employees.

§ 12. Subdivisions d and e of section 20-924 of the administrative code of the city of New York, as amended by local law number 22 for the year 2024, are amended to read as follows:

   d. The department shall have the power to impose penalties provided for in this chapter and to grant each and every employee or former employee all appropriate relief. Such relief shall include: (i) for each instance of safe/sick time or paid prenatal leave taken by an employee but unlawfully not compensated by the employer: 3 times the wages that should have been paid under this chapter or $250, whichever is greater; (ii) for each instance of safe/sick time or paid prenatal leave requested by an employee but unlawfully denied by the employer and not taken by the employee or unlawfully conditioned upon searching for or finding a replacement worker, or for each instance an employer requires an employee to work additional hours without the mutual consent of such employer and employee in violation of section 20-915 of this chapter [to make up for the original hours during which such employee is absent pursuant to this chapter]: $500; (iii) for each violation of section 20-918 not including discharge from employment: full compensation including wages and benefits lost, $500 and equitable relief as appropriate; (iv) for each instance of unlawful discharge from employment: full compensation including wages and benefits lost, $2,500 and equitable relief, including reinstatement, as appropriate; and (v) for each employee covered by an employer's official or unofficial policy or practice of not providing or refusing to allow the use of [accrued] safe/sick time or paid prenatal leave in violation of section 20-913, $500[.]; (vi) for each instance of bone marrow donation leave or living organ donation leave taken by an employee but unlawfully not compensated by the employer: 3 times the wages that should have been paid under this chapter, or $250, whichever is greater; and (vii) for each instance of bone marrow donation leave or living organ donation leave unlawfully denied or charged against an employee’s safe time or sick time accrual, $500.

   e. Any entity or person found to be in violation of the provisions of sections 20-913, 20-913.1, 20-914, 20-915 or 20-918 of this chapter shall be liable for a civil penalty payable to the city not to exceed $500 for the first violation and, for subsequent violations that occur within 2 years of any previous violation, not to exceed $750 for the second violation and not to exceed $1,000 for each succeeding violation. Penalties shall be imposed on a per employee and per instance basis.

§ 13. Section 1. Chapter 1 of title 12 of the administrative code of the city of New York is amended by adding a new section 12-143 to read as follows:

§ 12-143 Honor roll for city employees who serve as bone marrow donors or organ donors. The department of health and mental hygiene shall establish and maintain a voluntary public honor roll recognizing city employees who donate bone marrow or donate a living organ. The department may request documentation signed by a licensed health care provider confirming that the individual served as a living organ or bone marrow donor, provided that no medical details shall be required.

§ 14. This local law takes effect 120 days after it becomes law.

CP

LS #22313

4/13/2026 10:07 AM