Q&A: Georgia's New Paid Sick Leave Law

On May 8, 2017, Georgia Governor Nathan Deal signed into law the Family Care Act, a new statute requiring certain employers to allow their employees to use up to five days of their available paid sick leave to care for immediate family members. This new law takes effect on July 1, 2017. What follows are several important questions and answers regarding the Family Care Act's requirements, as well as a number of key takeaways for employers.

Q: When does the law take effect?

A: This new law will take effect on July 1, 2017.

Q: Which employers are covered?

A: The new law applies to employers with 25 or more employees, as well as to state government employees. Importantly, the law applies only to employers that already provide paid sick leave in addition to short-term or long-term disability plans.

Q: Which employees are covered?

A: Employees who work for salaries, wages, or other remuneration for at least 30 hours per week are eligible to use sick leave for the care of an immediate family member.

Q: Are employers required to provide paid sick leave benefits?

A: No. Unlike other states with paid sick leave laws, Georgia's statute does not obligate employers to provide sick days. The law only requires that if an employer already provides workers with paid sick leave, then that employer is also required to allow employees to use a certain amount of their leave allowance to care for immediate family members.

Q: How much paid time is required?

A: Covered employers must allow eligible employees to use up to five days of paid sick leave for the care of an immediate family member. Again, this would apply only if the employer already has a paid sick leave policy. The statute also specifically provides that an employer is not required 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.

Q: When can an employee use the leave?

A: The statute does not entitle an employee to use sick leave until that leave has been earned, and an employee wishing to use such sick leave must comply with the terms of the employer's sick leave policy.

Q: Who is an "immediate family member"?

A: The law defines "immediate family member" as "an employee's child, spouse, grandchild, grandparent, or parent or any dependents as shown in the employee's most recent tax return."

Q: How does this affect an employer's obligations under the federal Family and Medical Leave Act (FMLA)?

A: Georgia employers that...