Section 36-1-9.1

(a) For purposes of this section, the term “public employee” means an individual who is permanently employed by a department, agency, or other instrumentality of, or entity affiliated with, the State of Alabama in which the individual’s compensation is derived in whole or in part from funds appropriated in the State General Fund or Education Trust Fund and who is not otherwise covered under Sections 36-26-36.5 or 11-80-16.1. (b) A public employee who has at least one year of service may be granted living donor leave with pay for donating an organ or bone marrow, upon fulfillment of the following conditions: (1) Submission to the employee’s immediate supervisor of a written request for leave, accompanied by written verification from the physician who will be performing the medical procedure. (2) A recommendation for the leave based on the submission in subdivision (1) by the supervisor. (3) Approval of the executive who directs the employing instrumentality or entity. (c) The leave granted may be for no more than 30 days in the case of an organ donation and seven days in the case of a bone marrow donation. (d) Living donor leave shall be a separate classification of leave which shall not apply to or exhaust an employee’s accrued or available leave under any other leave classification pursuant to rule or policy of the employer. (e) An employer may not threaten, restrain, coerce, discipline, discharge, terminate, or otherwise retaliate or discriminate against an employee for requesting or using a leave of absence as provided by this section.