Georgia Leave Laws
No federal or state law requires employers to provide paid or unpaid vacation time to employees. Employers can choose to establish policies or employment contract that provides employees with such benefits.
The rollover policy
- Statutory Provisions Addressing Vacation Pay
The state of Georgia has no statute governing the payment of vacation time.
- Use-It-or-Lose-It Policy
The state of Georgia has no statute regarding use-it-or-lose-it policy
An employer would also likely be free to implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it. See Shannon v. Huntley’s Jiffy Store, Inc., 329 S.E.2d 208, 174 Ga. App. 125 (1985).
- Payment of Accrued Vacation on Termination
The state has no law regarding the payment of accrued vacation on termination of employment, it up to the employer’s policy or contract agreement.
An employer is required to pay an accrued vacation to an employee upon separation from employment if its policy or contract requires it. See Shannon v. Huntley’s Jiffy Store, Inc., 329 S.E.2d 208, 174 Ga. App. 125 (1985).
No federal or state law in Georgia requires employers to pay out an employee’s accrued vacation or other paid time off (PTO) at the termination employment.
Maternity, Paternity, FMLA
Georgia has no additional laws regarding Maternity and Paternity leave. Expecting and new parents are entitled to leave under the federal Family and Medical Leave Act (FMLA). For more information, look under the section Federal laws, Family and Medical Leave Act.
Sick Leave (under the FMLA)
It is required that employers with 25 or more employees, that already provide their employees with paid sick leave, must allow employees to use up to five days of leave per year to care for a sick family member. Employees are eligible if they work at least 30 hours per week.
This type of sick leave does not apply to short-term and long-term disability.
Jury Duty Leave
Georgia has no law that requires employers to provide employees with paid time off from work for jury duty leave.
Georgia law makes it illegal for an employer to discharge, discipline, or otherwise penalize an employee for taking leave for the purposes of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order. It is also illegal for an employer to threaten an employee with discharge, discipline, or any other adverse employment action for taking leave for the purposes of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order. GA Code 34-1-3.
No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.
An employer must provide employees with up to 2 hours off from work to perform their voting duty in any municipal, county, state, or federal political party primary or election. The employer may specify the hours during which the employee may take the leave.
Members of U.S. armed forces or Georgia National Guard called into active federal or state service are entitled to unlimited unpaid leave for active service, and up to 6 months leave in any 4-year period for service school or annual training. The employee is entitled to reinstatement with full benefits unless the employer’s circumstances have changed to make reinstatement impossible or unreasonable. Ga. Code Ann. § 38-2-280
In addition to the Uniformed Services Employment and Reemployment Rights Act (USERRA), Georgia law provides reemployment rights to full-time and part-time employees who served in state or U.S. military. Employers are required to provide employees with the same benefits, job position, pay and status, upon the termination of service. Employees are required to:
- To provide an employer with a certificate of completion of military service
- Apply for reinstatement within 90 days after completing military service