20-1-12. Approved leaves of absence for teachers and employees serving as organ donors.

(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 (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.