Scoring a win for advocates of employees and families alike, the state of Georgia has passed its first family leave law. SB 201, which passed during the 2017 legislative session, was signed into law by Governor Nathan Deal on May 8, 2017 – right in time for Mother’s Day.
Bucking the national trend, SB 201 does not require any employer to provide sick leave. It does, however, regulate one aspect of how sick leave can be used by employees who are provided sick leave under an existing employer policy. Effective July 1, 2017, Georgia employers who provide sick leave are required to allow employees to use earned leave for the care of an immediate family member, rather than simply for their own health concerns.
For the purposes of the law, “employee” is defined as an individual who works for an employer for at least 30 hours a week, and “employer” is defined as an individual or entity that employs 25 or more employees. (Employers that offer their employees an employee stock ownership plan are also explicitly exempt.) It should also be noted that in the context of the law, “immediate family member” is defined as including some members of an employee’s extended family, such as grandparents and grandchildren, as well as any dependents included on the employee’s tax return.
SB 201 specifies that employees must comply with the terms of the employer’s sick leave policy when using family leave, and employees are not entitled to use sick leave for family care purposes until such leave has been earned. Employers are 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.
Employers concerned that this portends a trend in Georgia law probably shouldn’t worry too much – SB 201 is scheduled to sunset on July 1, 2020, unless the General Assembly chooses to extend it at that time. The 2017 session also saw the passage of HB 243, which expands the state’s minimum wage and employment benefit preemption law to further preclude local governments from passing any laws requiring employees to receive additional pay based on scheduling changes. Although the state remains highly employer-friendly, this new law shows that Georgia is doing its best to balance the needs to businesses with those of families.