Rights of employees who are organ, bone marrow donors.

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43:21-29.2 Rights of employees who are organ, bone marrow donors.

3. For a period of disability which is the result of donating any organ or bone marrow under section 5 of P.L.1948, c.110 (C.43:21-29), a covered individual shall, after the period of disability ends, be entitled to be restored by the individual's employer to the position of employment held by the individual when the period of disability commenced or to an equivalent position of like seniority, status, employment benefits, pay, and other terms and conditions of employment. If during the period of disability which is the result of donating any organ or bone marrow, the employer experiences a reduction in force or layoff and the covered individual would have lost the position of employment had the individual not experienced the period of disability, as a result of the reduction in force or pursuant to the good faith operation of a bona fide layoff and recall system, including a system under a collective bargaining agreement where applicable, the individual shall not be entitled to reinstatement to the former or an equivalent position. The covered individual shall retain all rights under any applicable layoff and recall system, including a system under a collective bargaining agreement, as if the individual had not experienced the period of disability.

L.2019, c.464, s.3.


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