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Georgia Leave Laws 2025: Federal FMLA Only

Georgia has NO state family leave, sick leave, or parental leave laws. Leave protections in Georgia come entirely from federal Family and Medical Leave Act (FMLA), which provides 12 weeks of unpaid leave to eligible employees at employers with 50 or more employees.

This creates significant gaps in coverage:

  • No paid family leave (unlike Washington, California, New York, Illinois)
  • No state sick leave requirements (unlike states with mandatory earned sick time)
  • No local sick leave ordinances (state law prohibits Atlanta from enacting sick leave)
  • Smaller employers exempt (FMLA requires 50+ employees; workers at small employers get no protected leave)

If you need to take time off for medical reasons, childbirth, or family care in Georgia, understanding your limited rights under federal FMLA—and Georgia’s lack of state protections—is critical.

Federal Family and Medical Leave Act (FMLA)

Since Georgia has no state leave law, workers rely entirely on federal FMLA:

Who Is Covered

Eligibility requirements (must meet ALL):

  1. Work for covered employer (50+ employees within 75-mile radius)
  2. Worked for employer at least 12 months
  3. Worked at least 1,250 hours in past 12 months (approximately 24 hours/week)
  4. Work at location with 50+ employees within 75 miles

Coverage gaps:

  • Small employers: If employer has fewer than 50 employees, FMLA doesn’t apply
  • New employees: First 12 months of employment (until you meet 12-month requirement)
  • Part-time employees: Who don’t reach 1,250 hours/year threshold

Example: You work for a 30-person company in Atlanta. You’ve been there 2 years and work full-time. Your employer has only 30 employees, so FMLA does not apply. You have no protected leave under Georgia or federal law. Employer can fire you for taking time off for childbirth, medical treatment, or family care.

Example: You work for a 500-person company in Savannah. You’ve been there 8 months and work full-time. You meet the employer size requirement (500 employees), but you’ve only worked 8 months (need 12). FMLA does not apply yet. You have no protected leave.

What FMLA Covers

12 weeks of unpaid leave in a 12-month period for:

  1. Your own serious health condition that makes you unable to work
  2. Care for family member with serious health condition (spouse, child, parent)
  3. Birth of child and bonding (mother or father)
  4. Adoption or foster placement of child and bonding
  5. Military family leave (qualifying exigency for family member’s military deployment, or care for covered service member with serious injury/illness)

“Serious health condition”: Illness, injury, impairment, or physical/mental condition involving:

  • Inpatient care (hospital, hospice, residential care)
  • Incapacity for more than 3 days + continuing treatment by healthcare provider
  • Chronic serious health conditions (asthma, diabetes, epilepsy, etc.)
  • Pregnancy complications
  • Incapacity due to prenatal care

Example: You have cancer and need surgery and chemotherapy. This is a serious health condition. If you’re eligible for FMLA, you can take up to 12 weeks unpaid leave and your job is protected.

Example: You give birth to a child. Birth qualifies for FMLA leave. If eligible, you can take up to 12 weeks unpaid leave for childbirth recovery and bonding. Your partner can also take FMLA leave for bonding with new child.

FMLA Is UNPAID

Critical limitation: FMLA provides unpaid leave only

You can:

  • Use accrued paid time off (PTO, vacation, sick leave) if employer allows
  • Some employers require you to use paid leave concurrently with FMLA
  • But FMLA itself provides no paid leave

Contrast with paid family leave states:

State Paid Family Leave Payment Amount
Georgia ❌ NO FMLA is unpaid
Washington ✅ YES Up to 90% of wages for 12 weeks
California ✅ YES 60-70% of wages for 8 weeks
New York ✅ YES 67% of wages for 12 weeks
New Jersey ✅ YES 85% of wages for 12 weeks
Illinois (starting 2024) ✅ YES Partial wage replacement

Georgia workers receive NO wage replacement during FMLA leave unless they use their own accrued paid time off.

Example: You take 12 weeks FMLA leave for cancer treatment. During those 12 weeks, you receive $0 in wages (unless you use accrued PTO). This financial burden forces many Georgia workers to return to work before medically ready or forego needed leave entirely.

Job Protection Under FMLA

FMLA protects your job:

  • Employer must restore you to same position or equivalent position
  • Same pay, benefits, and working conditions
  • Cannot retaliate against you for taking FMLA leave

Employer obligations:

  • Maintain health insurance during FMLA leave
  • Restore job upon return

Exceptions:

  • Employer can deny restoration to “key employee” (highest-paid 10%) if substantial economic injury
  • Employer can terminate for reasons unrelated to FMLA leave (e.g., legitimate layoff affecting all employees)

Example: You take 10 weeks FMLA leave for surgery. When you return, employer must give you your same job back (or equivalent position with same pay). Employer cannot demote you, cut your pay, or terminate you because you took FMLA leave.

Georgia State Leave Laws: NONE

No State Paid Family Leave

Georgia has NO state paid family leave program

Unlike Washington (12 weeks at up to 90% wages), California (8 weeks at 60-70%), New York (12 weeks at 67%), or Illinois (partial wage replacement starting 2024), Georgia provides no paid family leave.

Result: Georgia workers must rely on unpaid federal FMLA or employer-provided benefits only.

No State Sick Leave Requirement

Georgia has NO law requiring employers to provide sick leave (paid or unpaid)

Contrast with states requiring earned sick leave:

  • Illinois: 40 hours earned sick leave for all employees
  • California: Accrued sick leave based on hours worked
  • Washington: 1 hour sick leave per 40 hours worked
  • New York: Varies by employer size

Georgia has no such requirement—employers can choose not to provide any sick leave.

Example: You work full-time for a company in Atlanta. Employer provides zero sick leave. You get the flu and need 3 days off. Employer is not required to provide paid or unpaid sick leave (unless you’re eligible for FMLA). Employer can fire you for missing work due to illness if you don’t qualify for FMLA.

No Pregnancy Disability Leave

Georgia has NO state pregnancy disability leave law

Federal FMLA covers pregnancy (if you’re eligible), but only unpaid leave

Contrast:

  • California: Pregnancy Disability Leave (up to 4 months, separate from FMLA)
  • Many states: Additional pregnancy accommodations required

Georgia provides no additional pregnancy protections beyond federal FMLA and Americans with Disabilities Act.

Example: You’re pregnant with complications requiring bed rest. If you’re eligible for FMLA, you get up to 12 weeks unpaid leave. If you’re not eligible for FMLA (employer has under 50 employees, you haven’t worked 12 months, etc.), you have no protected leave for pregnancy under Georgia law.

No Domestic Violence Leave

Georgia has NO law requiring leave for domestic violence victims

Contrast:

  • Illinois: VESSA provides 12 weeks unpaid leave for domestic violence victims at employers with 1+ employees
  • Several states: Mandatory domestic violence leave

Georgia has no such protection—employer can fire you for missing work due to domestic violence situations (unless you’re eligible for FMLA and situation qualifies as serious health condition).

Atlanta: NO Local Sick Leave Ordinance

Atlanta has NO local sick leave requirement

Georgia law prohibits municipalities from enacting paid sick leave ordinances

Contrast:

  • Chicago: Mandatory earned sick leave (1 hour per 35 worked, up to 40 hours)
  • Philadelphia: Mandatory earned sick leave
  • Seattle: Mandatory earned sick leave

Atlanta attempted to pass paid sick leave ordinance in 2017, but Georgia state law preempts local sick leave laws. Atlanta cannot require employers to provide sick leave.

Result: Atlanta workers have no guaranteed sick leave, despite being a major metropolitan area.

Employer-Provided Leave Benefits

Since Georgia has no state requirements, leave benefits depend entirely on employer policy:

Common Employer-Provided Leave

Many Georgia employers provide (but are not required to):

  • Paid time off (PTO)
  • Vacation days
  • Sick leave
  • Parental leave
  • Short-term disability insurance
  • Bereavement leave

These are voluntary benefits—employer can choose to provide or not provide them.

Example: Large corporation in Atlanta offers 12 weeks paid parental leave. This is a voluntary benefit, not required by Georgia law. If you leave that employer for a small business that offers zero paid leave, that’s legal in Georgia.

Short-Term Disability Insurance

Many employers offer short-term disability (STD) insurance:

  • Provides partial wage replacement during medical leave
  • Typically 50-70% of wages
  • May cover pregnancy, surgery, serious illness

This is voluntary—Georgia does not require employers to provide disability insurance (unlike states with mandatory state disability programs like California, New York, New Jersey).

Example: You have surgery and are unable to work for 6 weeks. If your employer provides short-term disability insurance, you may receive 60% of wages during recovery. If your employer doesn’t provide STD, you receive $0 (unless you use accrued PTO or qualify for FMLA job protection).

Other Federal Leave Laws

Americans with Disabilities Act (ADA)

Requires reasonable accommodation for employees with disabilities:

May include:

  • Unpaid leave as reasonable accommodation (beyond FMLA 12 weeks)
  • Modified work schedule
  • Intermittent leave for treatment

Applies to: Employers with 15+ employees

Example: You have chronic condition requiring periodic medical treatment. You’ve exhausted 12 weeks of FMLA leave. Under ADA, employer may be required to provide additional unpaid leave as reasonable accommodation if it doesn’t cause undue hardship.

Pregnancy Discrimination Act (PDA)

Requires equal treatment of pregnant employees:

Employer must:

  • Treat pregnancy same as other temporary disabilities
  • If employer provides light duty or leave for other temporary disabilities, must provide same for pregnancy

Does not require leave—only equal treatment

Example: Employer provides light duty for employees with back injuries. Employee requests light duty for pregnancy-related lifting restrictions. Employer must provide light duty for pregnancy (equal treatment under PDA).

Jury Duty Leave

Federal law protects employees called for federal jury duty from termination

Georgia law (O.C.G.A. § 34-1-3) prohibits employers from:

  • Firing employees for missing work due to jury duty
  • Requiring employee to use vacation time for jury duty

Not required to pay: Employers are not required to pay wages during jury duty (but many do)

Example: You’re called for jury duty for 5 days. Employer cannot fire you for missing work for jury duty. However, employer is not required to pay you for those 5 days (unless employer policy provides paid jury duty leave).

Military Leave

USERRA (Uniformed Services Employment and Reemployment Rights Act) protects:

  • Military service members taking leave for training, deployment
  • Right to be reemployed after military service

Applies in Georgia as federal law

Common Leave Scenarios in Georgia

Scenario 1: Small Employer – NO FMLA Protection

Situation: You work for a 25-person company in Atlanta. You’ve been there 3 years, work full-time. You’re diagnosed with cancer and need surgery and 8 weeks recovery.

FMLA applies?: NO—employer has only 25 employees (FMLA requires 50+)

Georgia state law protection?: NO—Georgia has no state family leave law

Result: You have no protected leave. Employer can legally fire you for taking 8 weeks off for cancer treatment.

Options:

  • Ask employer to voluntarily provide unpaid leave (no legal requirement)
  • Check if ADA applies (cancer may be disability requiring reasonable accommodation)
  • Use any accrued PTO
  • Apply for short-term disability if employer offers it

This gap affects thousands of Georgia workers at small employers.

Scenario 2: New Employee – Not Yet Eligible

Situation: You work for a 200-person company in Savannah. You’ve been there 10 months, work full-time. You give birth to a child and need maternity leave.

FMLA applies?: NO—you’ve only worked 10 months (FMLA requires 12 months)

Georgia state law protection?: NO—Georgia has no state parental leave law

Result: You have no protected leave for childbirth. Employer can legally fire you for taking time off, even for childbirth.

Options:

  • Ask employer to voluntarily provide unpaid leave
  • Use accrued PTO if available
  • Check employer’s parental leave policy (if any)
  • May qualify for short-term disability if employer offers it (pregnancy/childbirth)

Scenario 3: Eligible for FMLA – But Unpaid

Situation: You work for a 500-person company in Columbus. You’ve been there 2 years, work full-time. Your mother has stroke and needs care for 8 weeks.

FMLA applies?: YES—employer has 500 employees, you’ve worked 12+ months and 1,250+ hours

Georgia state law?: No additional benefits beyond FMLA

Result: You can take up to 12 weeks unpaid leave to care for your mother. Job is protected, health insurance continues. But you receive $0 in wages during leave (unless you use accrued PTO).

Financial impact: 8 weeks without pay = potentially $10,000+ lost income. Many workers cannot afford to take unpaid FMLA leave even though they’re eligible.

Contrast: If you worked in Washington State, you’d receive up to 90% of wages (up to cap) during family care leave. Georgia provides $0.

Scenario 4: Pregnancy at Small Employer

Situation: You work for a 15-person medical office in Macon. You’re pregnant and due in 3 months. You’ve worked there 18 months.

FMLA applies?: NO—employer has only 15 employees (FMLA requires 50+)

Georgia state law?: NO pregnancy leave law

Pregnancy Discrimination Act applies?: YES (employer has 15+ employees)—employer cannot discriminate based on pregnancy, must treat pregnancy same as other temporary disabilities

Result:

  • No guaranteed leave (FMLA doesn’t apply)
  • Employer cannot fire you because you’re pregnant (PDA protection)
  • If employer provides disability leave for other conditions, must provide same for pregnancy
  • But if employer provides no disability/medical leave to anyone, they’re not required to provide maternity leave

This puts pregnant workers at small employers in precarious position.

Filing FMLA Complaint

If your employer violates FMLA (denies eligible leave, retaliates, doesn’t restore job):

Federal Department of Labor

U.S. Department of Labor – Wage and Hour Division:

Atlanta Office: 404-893-4600
Savannah Office: 912-652-4221
National: 1-866-487-9243
Website: dol.gov/agencies/whd/fmla

File within: Generally 2 years (3 years if willful violation)

DOL investigates:

  • Contacts employer
  • Reviews FMLA eligibility
  • Determines if violation occurred
  • Orders remedies (reinstatement, back pay, damages)

Private Lawsuit

You can sue employer for FMLA violations:

Damages:

  • Lost wages and benefits
  • Liquidated damages (can double lost wages if willful)
  • Reinstatement
  • Attorney’s fees

Statute of limitations: 2 years (3 years if willful)

Example: Employer fires you for taking FMLA leave for surgery (retaliation). You sue and prove FMLA violation. You recover:

  • 6 months lost wages: $30,000
  • Liquidated damages: $30,000
  • Attorney’s fees
  • Reinstatement to job
  • Total: $60,000 + fees + job back

Comparison: Georgia vs. States with Paid Leave

State Paid Family Leave Duration Wage Replacement
Georgia ❌ NO FMLA: 12 weeks unpaid $0
Washington ✅ YES 12-18 weeks Up to 90% of wages
California ✅ YES 8 weeks (PFL) + disability 60-70% of wages
New York ✅ YES 12 weeks 67% of wages
New Jersey ✅ YES 12 weeks Up to 85% of wages
Illinois ✅ YES (starting 2024) Varies Partial wage replacement

Georgia is among the states with LEAST generous leave laws—no state paid leave, no state sick leave, full reliance on federal FMLA (unpaid, 50+ employees only).

Resources for Georgia Workers

Federal Agencies

U.S. Department of Labor – Wage and Hour Division (FMLA):

EEOC (Pregnancy Discrimination):

  • Atlanta: 1-800-669-4000 or 404-562-6800
  • Website: eeoc.gov

Free Legal Assistance

Atlanta Legal Aid Society:

Georgia Legal Services Program:

  • Phone: 1-800-498-9469
  • Website: glsp.org

State Bar of Georgia Lawyer Referral:

  • Phone: 404-527-8700 or 1-800-237-2629
  • Website: gabar.org

Related Topics

Get Help with FMLA and Leave Rights

Need to take medical leave, family care leave, or parental leave in Georgia? Get a free consultation from an employment law expert who understands federal FMLA and Georgia’s limited leave protections.

Georgia has NO state paid family leave, sick leave, or parental leave laws. Workers rely entirely on federal FMLA (12 weeks unpaid for eligible employees at 50+ employee companies). Understanding FMLA eligibility, employer obligations, and the 2-year deadline to file FMLA violations is critical if you need protected leave.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Federal employment laws are subject to change. For advice specific to your situation, please consult with a licensed employment attorney in Georgia. Employment Law Aid is not a law firm and does not provide legal representation.