Any Georgia employer who wants to prioritize compliance needs to know how to navigate Georgia PTO laws. Following the state’s paid time off (PTO) and other labor laws is an important part of overall compliance, whether your business has just a few employees, or a few thousand employees. We’ve put together this guide to help you understand the basics of PTO laws in Georgia, outlining what they are, when and where they apply, and more.
Understanding Georgia Labor and Leave Laws
Here’s a quick overview of how the state’s labor and leave laws work:
- Georgia is an “at-will employment” state, meaning employment can be terminated at any time, for any reason, provided the reason isn’t prohibited by law.
- Georgia minimum wage is set at $5.15/hour, but most employers are required to pay at least the federal minimum wage of $7.25/hour.
- The state has limited leave of absence laws, some of which are expanded by federal laws.
- Even though Georgia has plenty of state-level labor and leave laws, the majority of employees fall under federal labor and leave laws as well, which often take precedence over state laws.
Georgia’s labor and leave laws are complex, and can change with each legislative session. Even if a Georgia employer is past the point of asking simple questions like “is PTO required by law?”, prioritizing compliance is a must.
Types of Leave in Georgia
Vacation Leave
Like most states, Georgia doesn’t have any legislation requiring employers to provide vacation leave, and there’s no federal law requiring it either. That being said, many employers still offer some form of vacation leave to employees, since it’s a popular benefit that can help attract and retain talent.
Sick Leave in Georgia
Georgia state law doesn’t require employers to provide either paid or unpaid sick leave for employees, but it does have requirements for employers who voluntarily offer sick leave. The Georgia Family Care Act specifies that if an employer with 25 or more employees offers sick leave, they must allow eligible employees to use up to five days of their leave per calendar year to care for close family members. Georgia employers with 50 or more employees also have to follow the federal Family and Maternity Leave Act (FMLA), which requires them to provide up to 12 weeks of unpaid leave per calendar year if an employee has a serious health condition, or if they have a close family member with one.
Maternity and Paternity Leave in Georgia
There are no state laws in Georgia mandating maternity or paternity leave, so Georgia employers with 50 or more employees follow the FMLA. This act requires them to provide up to 12 weeks of unpaid leave per calendar year for new parents, including cases where the child is adopted or being fostered. Employers may opt to provide more than 12 weeks of maternity/paternity leave, or to offer paid rather than unpaid leave.
Bereavement Leave
Bereavement leave in Georgia is provided at each employer’s discretion, since there aren’t any federal or state laws that require it. If an employer has a policy for bereavement leave, they’ll often ask that employees give advance notice (as much as circumstances allow), to minimize disruptions to daily operations.
What Does FMLA Say About Georgia Laws?
FMLA: a breakdown
Since the FMLA is a federal law, it either applies to Georgia businesses in the absence of state legislation, or it complements existing state legislation. For example, the Georgia Family Care Act makes provisions for certain types of sick leave, but the FMLA expands the circumstances under which eligible employees can take sick leave. In order to qualify under the FMLA, an employee needs to work for either a public agency, a local education agency, or a private employer with 50 or more employees. They also need to have worked for their employer for at least 12 months, and should have worked at least 1,250 hours in the 12 months before the leave is taken. There’s quite a bit more to know about the FMLA, just like with other key employment laws. It’s always best for employers to be familiar with relevant employment laws, but we also recommend relying on qualified experts to minimize the risks of non-compliance.
The Georgia Family Care Act
As mentioned above, the Georgia Family Care Act allows eligible employees to use up to five days of their sick leave to care for immediate family members with serious health conditions. In this case, an “immediate family member” would be a spouse, child, parent, grandparent, grandchild, or dependent listed on the employee’s most recent tax return. The act doesn’t require employers to offer sick leave, and it only applies to employees who work at least 30 hours/week, for an employer with 25 or more employees. This act was first passed in 2017, with a “sunset” provision requiring it to be renewed after three years. After being renewed in 2020, it was made permanent on July 1st, 2023.
How Can Companies Stay Compliant with Georgia PTO Laws?
The most reliable way to stay compliant with Georgia PTO laws is to enlist the help of certified specialists. Both state and federal laws are tough to navigate without guidance – they may leave certain issues unexplained, or seem to be in conflict with each other. Plus, they’re frequently changed, increasing the chances of accidental non-compliance. Some companies take care of compliance in-house, while others use payroll or HR services that provide the necessary resources to keep their businesses in good shape.
FAQs: PTO Laws in Georgia for 2026
Can you rollover PTO in Georgia?
This depends on the employer. Since neither state nor federal laws prohibit “use it or lose it” policies for PTO, many employers choose to implement some form of this policy, while still allowing employees to rollover their PTO within limits. Employees can generally accrue PTO for a specified time frame (like a calendar year, for instance), but any PTO that goes unused by the end of the period will be lost.
What are considered Leave of Absence laws in Georgia?
Any state or federal law that requires employers to grant time off, whether it’s paid or unpaid, is considered a Leave of Absence law in Georgia. Some examples of these laws include:
- Vacation leave
- Medical leave
- Maternity/paternity leave
- Bereavement leave
- Jury duty or voting leave
- Military family leave
There are no PTO laws for private employers in Georgia, just like there are no Georgia PTO payout laws, but federal employees that work in Georgia can receive paid time off in the form of vacation leave, sick leave, and holiday leave.
What is Georgia’s Workplace and Discrimination Law?
Georgia’s Fair Employment Practices Act (FEPA) states that it’s illegal for Georgia employers to discriminate based on “race, color, religion, national origin, sex, disability, or age”. Georgia employers must also comply with federal workplace discrimination laws, like the Civil Rights Act, the Americans with Disabilities Act, the Pregnancy Discrimination Act, and the Age Discrimination in Employment Act, among others.
Does Georgia have noncompete laws?
According to the state’s Restrictive Covenants Act, noncompete agreements in Georgia are enforceable as long as they meet the following requirements:
- They’re reasonable in the scope of prohibited activities, time frame, and geographic area.
- They only apply to salespeople, certain types of managers, or key employees.
These regulations leave some things up to interpretation, so employers may turn to Georgia case law as a reference point. As an example, state regulations don’t specify what a “reasonable time frame” for a noncompete would be, but case law tends to favor a duration of two years.
What is Georgia’s Employment Verification Law?
Since July 1st, 2007, the Georgia Security and Immigration Compliance Act has required all Georgia employers to verify that their employees are eligible to work in the United States. If this isn’t done, it can result in heavy penalties such as fines, denied business licenses, or lost contracts. However, any employer that’s exempt from federal employment verification law is also exempt from this act. Employees can also be exempted from the verification process if they have a valid Georgia driver’s license, or an ID card that’s issued by the Georgia Department of Driver Services.
