41-706. State employee living donor leave; definitions

A. An employee is entitled to a leave of absence for the time specified for the following purposes:

1. Five work days to serve as a bone marrow donor for a bone marrow transplant if the employee provides the employee's employer with written verification that the employee is to serve as a bone marrow donor.

2. Thirty work days to serve as an organ donor for a human organ transplant if the employee provides the employee's employer with written verification that the employee is to serve as an organ donor.

B. An employee who is granted a leave of absence pursuant to this section is entitled to receive base pay without interruption during the leave of absence. For the purpose of determining seniority, pay or pay advancement and performance awards and for the receipt of any benefit that may be affected by a leave of absence, the service of the employee is considered uninterrupted by the leave of absence.

C. The employer shall not penalize an employee for requesting or obtaining a leave of absence pursuant to this section.

D. For the purposes of this section:

1. " Bone marrow" means the soft material that fills human bone cavities.

2. " Bone marrow transplant" means the medical procedure by which transfer of bone marrow is made from the body of a person to the body of another person.

3. " Employee" means a person employed in a position in any office, board, commission or department in state government, a person employed by the judiciary or a person employed by a university under the jurisdiction of the Arizona board of regents or a community college district.

4. " Human organ transplant" means the medical procedure by which transfer of an organ or part of an organ is made from the body of a person to the body of another person.

5. " Organ" means human organs or parts of an organ that are capable of being transferred from the body of a person to the body of another person.