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Use of Sick Leave for Care of Immediate Family Members

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As used in this Code section, the term:
1. "Employee" means an individual who works for salary, wages, or other remuneration for an employer for at least 30 hours per week.
2. "Employee stock ownership plan" shall have the same meaning as provided in Section 4975(e)(7) of the Internal Revenue Code, 26 U.S.C. Section 4975(e)(7).
3. "Employer" means any individual or entity that employs 25 or more employees and shall include the State of Georgia and its political subdivisions and instrumentalities.
4. "Immediate family member" means an employee's child, spouse, grandchild, grandparent, or parent or any dependents as shown in the employee's most recent tax return.
5. "Sick leave" means time away from work by an employee, due to his or her own incapacity, illness, or injury, for which the employee receives his or her regular salary, wages, or other remuneration. The term "sick leave" shall not include paid short-term or long-term disability.
An employer that provides sick leave shall allow an employee to use such sick leave for the care of an immediate family member; provided, however, that nothing in this Code section shall be construed to require an employer to offer sick leave or to require an employer to allow an employee to use more than five days of earned sick leave per calendar year for the care of an immediate family member.
An employee shall not be entitled to use sick leave under this Code section until that leave has been earned. Any employee who uses such sick leave shall comply with the terms of the employer's employee sick leave policy.
Nothing in this Code section shall be construed to create a new cause of action against an employer.
This Code section shall not apply to any employer that offers to their employees an employee stock ownership plan.
This Code section shall be repealed in its entirety on July 1, 2023, unless extended by an Act of the General Assembly.

(Code 1981, §34-1-10, enacted by Ga. L. 2017, p. 524, § 1/SB 201; Ga. L. 2020, p. 31, § 1/SB 408.)

Law reviews.

- For article on the 2017 enactment of this Code section, see 34 Ga. St. U. L. Rev. 219 (2017). For annual survey on labor and employment law, see 69 Mercer L. Rev. 141 (2017).

CHAPTER 2 DEPARTMENT OF LABOR

Sec.

34-2-1. Creation of Department of Labor.
34-2-2. Definitions.
34-2-3. Election, term of office, compensation, removal, and duties of Commissioner of Labor.
34-2-4. Establishment by Commissioner of divisions within Department of Labor; appointment, fixing of salaries and duties, and removal of employees.
34-2-5. Office of Department of Labor to be maintained by Commissioner; payment of office expenses; lease or rental of unused office space.
34-2-6. Specific powers and duties of Commissioner.
34-2-7. Promulgation, review, amendment, and repeal of rules and regulations by Commissioner generally.
34-2-8. Variations from rules of Commissioner; keeping of index of variations.
34-2-9. Preparation by Commissioner of annual report and recommendations.
34-2-10. Employer's duty with respect to provision of safe employment generally.
34-2-11. Employer's duty to keep records.
34-2-12. Duty of Attorney General and district attorneys to prosecute violations of those laws enforced by Commissioner.
34-2-13. Penalties for violations of chapter and for false statements under oath.
34-2-14. Authorization to establish and administer pretrial intervention programs.
34-2-15. Criminal background checks; fees; contracting for services; exclusive use for employment.

Editor's notes.

- By resolution (Ga. L. 1988, p. 337), the General Assembly designated the offices of the Department of Labor located in Albany, Georgia as the "A.W. 'Al' Holloway Labor Building."

RESEARCH REFERENCES

ALR.

- Enforcement of labor board's order against employer's successors, assigns, or the like, 46 A.L.R.2d 592.

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