25 LC 49 2305S/AP
House Bill 235 (AS PASSED HOUSE AND SENATE)
By: Representatives Townsend of the 179
th
, Powell of the 33
rd
, Jones of the 25
th
, Newton of
the 127
th
, Heffner of the 130
th
, 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,
1
relating to general provisions relative to education, so as to require employers of public2
school teachers and employees and postsecondary employees to provide leaves of absence3
for the donation of bone marrow and organs; to provide for standards and conditions for4
granting such leaves of absence; to prohibit waivers of such leaves of absence; to provide for5
definitions; to provide for a short title; to provide for related matters; to repeal conflicting6
laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
This Act shall be known and may be cited as the "Georgia Supporting Living Donor10
Educators Act."11
SECTION 2.12
Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to13
general provisions relative to education, is amended by adding a new Code section to read14
as follows:15
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"20-1-12.16
(a) As used in this Code section, the term:17
(1) 'Organ' means a human organ, including the eye, that is capable of being transferred18
from the body of a person to the body of another person.19
(2) 'Public school employee' shall have the same meaning as set forth in Code Section20
20-2-910.21
(3) 'Public school teacher' shall have the same meaning as set forth in Code Section22
20-2-880.23
(4) 'Postsecondary employee' shall include any person employed not less than half time24
by the University System of Georgia or any institution thereof or the Technical College25
System of Georgia or any unit thereof; provided, however, that such term shall not be26
deemed to include any emergency or temporary employee.27
(b) Each public school teacher and public school employee shall be entitled to receive the28
following leaves of absence, without loss of pay:29
(1) Not more than seven days for the purpose of bone marrow donation for30
transplantation, which shall not be charged against or deducted from any annual or sick31
leave and shall be included as service in computing any retirement or pension benefits;32
and33
(2) Not more than 30 days for the purpose of organ donation for transplantation, which34
shall not be charged against or deducted from any annual or sick leave and shall be35
included as service in computing any retirement or pension benefits.36
(c) Each postsecondary employee shall be entitled to receive the following leaves of37
absence, without loss of pay:38
(1) Not more than seven days for the purpose of bone marrow donation for39
transplantation, which shall not be charged against or deducted from any annual or sick40
leave; and41
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(2) Not more than 30 days for the purpose of organ donation for transplantation, which42
shall not be charged against or deducted from any annual or sick leave.43
(d) No individual shall be entitled to a leave of absence provided for in this Code section44
unless he or she furnishes a statement from a medical practitioner who is to perform such45
transplantation procedure or from a hospital administrator where such procedure is to be46
performed that such individual is making a bone marrow or organ donation. Such47
statement shall be furnished to such individual's employer no less than seven days prior to48
any leave of absence to be scheduled.49
(e) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for50
a strategic waivers school system, Code Section 20-2-244 for a local board of education,51
or Code Section 20-2-2063.2 for a charter system."52
SECTION 3.53
All laws and parts of laws in conflict with this Act are repealed.54
H. B. 235
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