House Bill 235 (AS PASSED HOUSE AND SENATE)
By: Representatives Townsend of the 179th, Powell of the 33rd, Jones of the 25th, Newton of
the 127th, Heffner of the 130th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated,
relating to general provisions relative to education, so as to require employers of public
school teachers and employees and postsecondary employees to provide leaves of absence
for the donation of bone marrow and organs; to provide for standards and conditions for
granting such leaves of absence; to prohibit waivers of such leaves of absence; to provide for
definitions; to provide for a short title; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia Supporting Living Donor
Educators Act."
SECTION 2.
Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to
general provisions relative to education, is amended by adding a new Code section to read
as follows:
<ins>"20-1-12.
(a) As used in this Code section, the term:
(1) 'Organ' means a human organ, including the eye, that is capable of being transferred
from the body of a person to the body of another person.
(2) 'Public school employee' shall have the same meaning as set forth in Code Section
20-2-910.
(3) 'Public school teacher' shall have the same meaning as set forth in Code Section
20-2-880.
(4) 'Postsecondary employee' shall include any person employed not less than half time
by the University System of Georgia or any institution thereof or the Technical College
System of Georgia or any unit thereof; provided, however, that such term shall not be
deemed to include any emergency or temporary employee.
(b) Each public school teacher and public school employee shall be entitled to receive the
following leaves of absence, without loss of pay:
(1) Not more than seven days for the purpose of bone marrow donation for
transplantation, which shall not be charged against or deducted from any annual or sick
leave and shall be included as service in computing any retirement or pension benefits;
and
(2) Not more than 30 days for the purpose of organ donation for transplantation, which
shall not be charged against or deducted from any annual or sick leave and shall be
included as service in computing any retirement or pension benefits.
(c) Each postsecondary employee shall be entitled to receive the following leaves of
absence, without loss of pay:
(1) Not more than seven days for the purpose of bone marrow donation for
transplantation, which shall not be charged against or deducted from any annual or sick
leave; and
</ins>
<ins>(2) Not more than 30 days for the purpose of organ donation for transplantation, which
shall not be charged against or deducted from any annual or sick leave.
(d) No individual shall be entitled to a leave of absence provided for in this Code section
unless he or she furnishes a statement from a medical practitioner who is to perform such
transplantation procedure or from a hospital administrator where such procedure is to be
performed that such individual is making a bone marrow or organ donation. Such
statement shall be furnished to such individual's employer no less than seven days prior to
any leave of absence to be scheduled.
(e) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for
a strategic waivers school system, Code Section 20-2-244 for a local board of education,
or Code Section 20-2-2063.2 for a charter system."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.