10 Key Questions About Leave Laws in Georgia

Georgia largely relies on the federal Family and Medical Leave Act for family and medical leave, giving eligible employees unpaid, job-protected time off for qualifying reasons. At the state level, Georgia provides employees time off for voting and serving on a jury.

State employees in Georgia receive additional benefits such as paid holidays, annual leave, and sick leave.

Georgia leave laws entitle employees to different types of leave, including:

• Family and Medical Leave: Under the federal FMLA, eligible employees in Georgia receive unpaid, job-protected leave for up to 12 weeks in a 12-month period for specific family and medical reasons. These include serious personal or a family member’s illness, child bonding (birth, adoption, foster), or military exigencies. The FMLA also entitles eligible employees of covered servicemembers to take up to 26 weeks of unpaid, job-protected military caregiver leave in a 12-month period.
• Holiday Leave: State employees in Georgia receive 13 paid holidays. If an employee is required to work on these holidays due to their job responsibilities, the state will provide another day off within 120 days of the holiday worked.
• Annual Leave: State employees in Georgia are entitled to a specific number of annual leave days for vacations or personal needs. Employees can receive between 15 and 21 days of annual leave, depending on their years of service. They can save up to 45 days of annual leave. Any unused annual leave is paid out at the end of employment with the state.
• Sick Leave: In Georgia, state employees receive paid sick leave for certain reasons, including but not limited to their own or a family member’s personal illness, medical or dental care. Employees earn 15 sick days per year, accrued at the rate of 10 hours per month, with a maximum balance of 90 sick leave days. Any leave earned beyond this limit is forfeited.
• Jury Duty Leave: Employers in Georgia must grant employees time off to serve jury duty. Employers are not mandated by law to pay employees during this period.
• Voting Leave: Georgia law allows employees to take up to two hours off to vote in any municipal, county, state, or federal election, as long as they give reasonable notice to their employer. The employer can decide which hours the employee may take off to vote.
• Military Leave: Under USERRA, employees in Georgia can take time off for military service or training and are entitled to the same non-seniority rights and benefits as others on comparable leaves. Georgia’s state employees, who are called for ordered military duty, are entitled to their base pay and other compensation for up to 144 hours of military leave each federal fiscal year, and for an extra 96 hours if the Governor declares an emergency. Beyond that, additional time off is unpaid, but state employees can use accrued annual or personal leave if available.

The duration of a leave depends on the specific Georgia leave law governing that particular leave type:

• FMLA Leave: Up to 12 workweeks of leave in a 12-month period for qualifying family and medical reasons, and up to 26 workweeks of military caregiver leave in a 12-month period.
• Holiday Leave: 13 paid days in a year for state employees.
• Annual Leave: 15-21 days of annual leave per year for state employees, depending on their year of service.
• Sick Leave: 15 days of sick leave per year for state employees.
• Jury Duty Leave: For the duration of an employee’s jury duty.
• Voting Leave: Up to two hours of time off to vote.
• Military Leave: For the duration of military duty and training under federal USERRA. State employees on ordered military duty leave under state law receive up to 144 hours of paid leave each federal fiscal year, and an extra 96 hours of paid leave during a Governor-declared emergency.

In Georgia, part-time employees may qualify for FMLA leave for certain family and medical reasons, as long as they meet the federal eligibility requirements for hours worked and length of service. Under federal law, both full-time and part-time employees are covered equally by these protections.

Part-time state employees working less than 40 hours per week are entitled to prorated paid military leave based on their regular work schedule if they are called to ordered military duty.

Additionally, part-time employees of certain executive branch agencies in the State of Georgia are entitled to prorated annual and sick leave if they are scheduled to work at least 20 hours (but fewer than 40 hours) per workweek.

In Georgia, state employees get paid their regular wages while on state holidays, annual leave, and sick leave. Additionally, state employees on ordered military duty are paid their base pay and compensation for up to 144 hours of military leave per fiscal year, with an additional 96 hours available to National Guard members during a Governor-declared emergency.

In Georgia, employees on FMLA leave continue to receive group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Under USERRA, employees on military leave in Georgia are offered health and pension benefits. Employees on military duty for less than 31 days receive health coverage in the same way as if they were actively working.

If an employee is on military duty for a longer duration, they may choose to keep their employer-sponsored health insurance for up to 24 months, but may have to pay up to 102% of the premium cost.
USERRA also protects an employee’s pension rights, whether they are in a defined benefit plan, a defined contribution plan, or a government employee pension plan. While on military duty, an employee’s time away is treated as hours worked.

As a result, the employee keeps building service credit for participation, vesting, and benefit accrual in a pension plan.

In Georgia, state employees earn 15–21 days of annual leave per year, depending on their years of service, and may carry over unused leave up to a maximum of 45 days. When an employee leaves state service, they are paid for up to 45 days of unused annual leave.

State employees can also carry over unused paid sick leave, with the accrual limit set at 90 days.

Any annual or sick leave beyond these limits is forfeited, but may be restored in cases of an employee’s extended illness or disability to provide income protection. These forfeited leaves may also be counted as service time for employees who are members of the Employees’ Retirement System to help them qualify for early retirement.

Yes, employees in Georgia can be fired while on leave because the state follows an “at-will” employment doctrine. This means either the employer or employee may end the employment relationship at any time, with or without cause.

However, employers cannot terminate an employee for discriminatory reasons, in violation of an employment contract, or for exercising protected leave rights. This means employees are protected from being fired for taking job-protected leave under the FMLA, serving on a jury, and fulfilling military duty orders (with only a few exceptions).

Yes. Since Georgia follows the “employment at will” doctrine, employees can resign from their jobs at any time, with or without cause, unless bound by a contract requiring a specific length of service. This right also applies while employees are on leave.

If an employee’s leave rights are violated in Georgia, they can file a complaint with the relevant authorities.

For FMLA violations, employees can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD) or take a civil action against the employer within two years from the date of the violation.

If an employer violates jury duty leave protections, employees may file a complaint with the Georgia Department of Labor. The employer may be ordered to provide relief, including reinstatement and paying back lost wages and benefits. The employer may also be subject to a penalty of up to $1000 for each violation.