Time off - Georgia

Donation leave

State employees who serve as an organ donor are entitled to paid leave of up to 30 days.

State employees who serve as bone marrow donors are entitled to paid leave of up to seven days.

The employee is to furnish a statement from the individual who is to perform the procedure or from a hospital administrator that the employee is making an organ or bone marrow donation.

This leave is not to be deducted from any annual or sick leave and is to be included as service in computing any retirement or pension benefits.

State employees are entitled to up to eight hours of paid leave in each calendar year to donate blood. The absence must be computed at two hours per donation, up to four times per year. State employees are entitled to up to 16 hours of paid leave to donate blood platelets or granulocytes through the plasmapheresis process. The absence must be computed at four hours per donation, up to four times per year.

Judicial proceedings

Georgia law prohibits employers from discriminating against employees for attending a judicial proceeding in response to a court order or process. The law prohibits discharge, discipline or other penalties against an employee for an absence to attend a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process which requires attendance. Similarly, employers may not threaten or otherwise indicate that the employee’s absence would be subject to discipline, termination, or other adverse action. However, the employer can still require the employee to provide reasonable notification of the expected absence or delay in reporting to work in order to attend a judicial proceeding.

This provision for leave does not apply to an employee who is charged with a crime.

Jury duty

Georgia law does not require private employers to pay employees on jury duty, but only says that employers may not “discharge, discipline, or otherwise penalize an employee” for his or her jury service obligation.

However, an opinion letter (No. 89-55) from the state Attorney General (AG) interprets the term “penalize” to include wages or salary, and concludes that employers must continue paying wages or salary during a period of jury service. However, employers can reduce the amount of the regular wages or salary by any amounts the individual receives as jury pay.

Employers should be aware that even though the state statute does not technically require the continuation of wages, the AG opinion imposes a certain obligation. An employer could challenge the AG opinion in court to avoid payment of wages or salary during jury service, but the costs of a court challenge may exceed the amount of wages owed to the employee.

Maternity leave

Female employees who work in a public school system are entitled to maternity leave.

The timing and duration of the leave is to be determined by the employee, the physician, and the local school superintendent. The employee must notify the superintendent in writing 60 days in advance of her wish to take leave.

An employee wishing to work to the date of physical disability is entitled to use all accumulated sick leave, not to exceed the doctor's estimated length of disability.

Employees who take leave for the period of disability are to present a doctor's statement of fitness for duty. Those who take leave for a period longer than the period of disability, but less than one full school year, must be returned to work upon written request for reassignment and contingent on a vacancy for which the employee is qualified.

Paid time off (PTO)

Georgia law does not require vacation pay. However, if an employer chooses to provide paid time off benefits, it must follow the terms and conditions established in its policy.

Public school employee paid sick leave

Public school teachers, student services support personnel, and administrative and supervisory personnel are entitled to paid sick leave. They accrue 1.25 days for each completed contract month. Up to 45 days of unused sick leave can roll over to the next year.

Employees may take sick leave for the following reasons:

• Illness or injury,
• Because of exposure to contagious disease, or
• Due to a death in the immediate family.

Employees may use up to three days of accumulated sick leave for personal or professional reasons if prior approval of their absence is given by the superintendent or authorized representative. The absences is not to conflict with a policy concerning school days when the employee’s presence is essential for school operation. The leave is not to be conditioned upon disclosure of the specific purpose of the leave.

Sick leave will be charged only on days employees would otherwise work. The first seven days of sick leave is not to be charged for absence due to an injury caused by a physical assault while engaged in job performance.

Sick leave is transferrable if an employee moves from one local board of education to another. Employees may not be required to pay the cost of a substitute in their absence.

Accumulated unused sick leave is forfeited if the employee withdraws from service for a period of 12 or more consecutive months, unless the withdrawal is for educational leave to seek a higher level or different field of certification. IN such situations, the employee is not to take leave longer than 24 months.

Sick leave (kin care)

Georgia employers with 25 or more employees that provide sick leave, must allow employees who work at least 30 hours per week to use at least five days per calendar year of such sick leave to care for an immediate family member. Immediate family members include children, spouses, grandchildren, grandparents, parents, or any dependents on the employees most recent tax return. The law does not require employers to provide sick leave.

Voting

For municipal, county, state, or federal political party primary elections Georgia law allows an employee sufficient time to vote (up to two hours), including for advance in-person voting.

Deductions of pay are allowed for periods of more than two hours. Employee must give notice that time off for voting is needed. The employer can specify the two hours the employee can use to vote.

Employers must, however, give employees time off to vote even if employees can vote during non-working hours.