Tax credit for unincorporated businesses that provide an employee paid leave to serve as an organ or bone marrow donor.

# (a)

For the purposes of this section, the term “donor”” means an individual who makes a gift of an organ, including eyes, or bone marrow.

# (b)

# (1)

If in addition to any medical, personal, or other paid leave, including credit for time of service, provided by an unincorporated business, the unincorporated business provides an employee a paid leave of absence to serve as an organ or bone marrow donor, the unincorporated business may claim a credit equal to 25% of the regular salary or wages to the employee paid during the taxable year for that leave of absence, not to exceed 30 days for an organ donation and 7 days for a bone marrow donation.

# (2)

If the unincorporated business elects to claim the credit, an amount equal to the salary or wages upon which the 25% credit is computed shall not be allowed as a deduction.

# (3)

The credit shall not reduce the minimum tax liability of $100 [now $250] under § 47-1808.03(b).

# (c)

This section shall not apply if the employee is eligible for leave under the Family and Medical Leave Act of 1993, approved February 5, 1993 (107 Stat. 6; 29 U.S.C. § 2601 et seq.).

# (d)

The Chief Financial Officer or his delegate shall promulgate regulations as may be necessary and appropriate to carry out provisions of this section.