United States · Georgia · Leave child
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Does Georgia require paid family or sick leave in 2026?

No. The state has no paid family leave law and no paid sick leave law for private employers. Federal FMLA gives 12 weeks unpaid at 50+ employees. Everything else is the policy you write.

· Georgia, United States guide

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Atlanta, Georgia downtown skyline with the Westin Peachtree Plaza cylinder, Bank of America Plaza spire, and a sprawling business district stretching to the horizon.

Photo: Structural Photography via Unsplash · Atlanta, Georgia

If you hire your first Georgia employee in 2026 expecting a California-style rulebook, the honest answer is short. The state mandates nothing for private employers.

A mid-market voluntary leave package in Georgia runs 1.5 to 2.5 percent of payroll. A 30-person Atlanta startup losing one senior engineer to a remote-first employer with topped-up paid leave loses six figures of replacement cost before the new hire starts.

Most multi-state employers have heard "Georgia is a light-touch state on labour law". Fewer realise that lightness is the entire competitive opportunity.

This page covers the federal floor at 50 employees, the narrow Georgia carve-outs that always apply, the state-employee-only HB 1010 line that does not, and the voluntary benchmarks that decide whether your offer letter wins or loses against a California or New York competitor.

A sleeping newborn's feet wrapped in a soft white blanket.
Out of office

Does Georgia require paid family leave?

No. Georgia has no state paid family leave law. Thirteen states plus Washington DC do; Georgia is not one of them.

There is no state PFL withholding line on a Georgia payslip. No claim portal. No bond schedule. The cost line that adds 0.5 to 1.0 percent of wages in California, New York, or Washington simply does not exist here.

Mason runs operations at a 30-person Atlanta fintech startup. He is benchmarking parental leave against a remote-first Bay Area competitor that pays the California PFL benefit plus 8 weeks employer-topped. Mason’s offer letter has to do the whole job by itself.

His decision for the next funding round: 12 weeks paid for the primary caregiver, 6 weeks for the secondary, day-one accrual. Cost across the workforce sits at roughly 1.9 percent of payroll. The retention maths is simple. One senior engineer leaving over a leave-policy gap costs more than a year of that 1.9 percent line.

States with paid family leave (Georgia is not on the list)

State / jurisdictionProgramme nameWeeks of paid leave
CaliforniaPaid Family Leave (PFL)Up to 8 weeks
ColoradoFamily and Medical Leave Insurance (FAMLI)Up to 12 weeks
ConnecticutCT Paid LeaveUp to 12 weeks
DelawareHealthy Delaware Families ActUp to 12 weeks (rolling start 1 January 2026)
MaineME Paid Family and Medical LeaveUp to 12 weeks (benefits start 1 May 2026)
MarylandFamily and Medical Leave Insurance (FAMLI)Up to 12 weeks (benefits start July 2026)
MassachusettsMA Paid Family and Medical Leave (PFML)Up to 12 weeks family, 20 weeks medical
MinnesotaMN Paid LeaveUp to 12 weeks (benefits start 1 January 2026)
New JerseyNJ Family Leave Insurance (FLI)Up to 12 weeks
New YorkNY Paid Family LeaveUp to 12 weeks
OregonPaid Leave OregonUp to 12 weeks
Rhode IslandTemporary Caregiver Insurance (TCI)Up to 7 weeks (2026 expansion)
WashingtonWA Paid Family and Medical LeaveUp to 12 weeks family, 12 weeks medical
Washington DCDC Paid Family LeaveUp to 12 weeks
GeorgiaNone (private employers)0

The state PFL list moves every legislative session. Numbers in this table are the active 2026 programme caps drawn from each state’s administering agency; the absence of Georgia is the load-bearing fact for an offer letter.

Does Georgia require paid sick leave?

No. Georgia has no state paid sick leave law. Eighteen states plus Washington DC and dozens of cities require accrued paid sick time; Georgia is not one of them.

Sick days at a Georgia job are whatever the offer letter says they are. The median private-sector employer in the state offers 5 paid sick days a year. Knowledge-work competitors go to 7 to 10 days, often inside a single PTO bank with day-one accrual.

Lily runs an 80-person sales team out of a Savannah office. One of her reps catches a stomach bug, burns her last 2 sick days inside 18 hours, and is back on the floor the third morning still queasy. The offer letter capped her at 5.

There is no FMLA cover for a routine 24-hour bug, and there is no state PSL floor. Whether the rep gets paid for the third day off is purely a manager’s discretion call. That uncertainty is what costs Lily the rep six months later when a remote-first competitor offers unlimited sick time.

What competitive Georgia employers offer in 2026

Leave typeMedian Georgia practiceCompetitive offer for knowledge workersSource / benchmark
Paid sick leave5 days / year accrued7 to 10 days / year, often bundled into PTOSHRM 2025 Employee Benefits Survey
Paid parental leave (birth / adoption)0 weeks at smaller employers, 6 weeks at mid-market8 to 12 weeks paid (16+ at top employers)SHRM 2025; Mercer Southeast data
Paid bereavement3 days / year3 to 5 days / year, immediate familySHRM 2025
Paid vacation10 days / year after 1 year of tenure15+ days / year with day-one accrualUS BLS ECEC March 2026
Short-term disability insuranceOptional employer-paid or voluntaryEmployer-paid, about 60% wage replacement, 12 weeksSHRM 2025; Mercer Southeast

What is the Georgia Family Care Act?

The Georgia Family Care Act lets an employee use up to 5 days a year of existing sick leave to care for an immediate family member instead of themselves. It is not new leave. It is a use-it-for-someone-else right on the leave you already grant.

It applies only if the employer already offers paid sick leave AND has 25 or more employees. Most Georgia employers who offer sick days fall in scope. Employers offering only a combined PTO bank can opt out by handbook language.

Immediate family means spouse, child, grandchild, parent, grandparent, or any dependent shown on the employee’s last federal tax return.

Carter manages a multi-state operations team for a software firm with a California headquarters and an Augusta production office. He grants 10 paid sick days a year across the entire US workforce. In Georgia, the Family Care Act caps how he can write the policy: at least 5 of those 10 days must be available for the employee to care for a sick parent or child.

Georgia Family Care Act, in one table

RuleDetailSource
Right grantedUse up to 5 days a year of existing sick leave for care of an immediate family memberO.C.G.A. § 34-1-10(c)
Employer scopeEmployers with 25+ employees that already offer paid sick leaveO.C.G.A. § 34-1-10(b)
New leave createdNone, the Act re-allocates leave the employer already grantsO.C.G.A. § 34-1-10(a)
Immediate family definitionSpouse, child, grandchild, parent, grandparent, or any dependent on last federal returnO.C.G.A. § 34-1-10(a)(3)
PTO-bank carve-outIf the employer offers a combined PTO bank rather than a separate sick category, the Act does not require a 5-day carve-out from that bankO.C.G.A. § 34-1-10(b)
Private right of actionNone, the Act creates no employee lawsuit; remedy is policy-level onlyO.C.G.A. § 34-1-10(d)
EnactedHB 752, signed 1 May 2017, effective 1 July 2017Acts 2017, p. 268

Three things catch out-of-state employers off guard:

  • Carter’s national PTO-bank policy escapes the carve-out. If everything sits in a single PTO bank, the Act does not require 5 of those days to be Family-Care-eligible. Most employers running a single national PTO bank are clean by default.
  • Separate sick-leave plans trigger the rule. Lily’s 80-person sales team has a separate paid-sick bucket. Five of those sick days have to be usable for a sick parent or child. The handbook has to say so.
  • There is no enforcement mechanism beyond policy correction. An employee cannot sue. The handbook fix is the entire compliance step.

What is Georgia’s HB 1010 paid parental leave?

Georgia House Bill 1010 grants paid parental leave to state government employees only. It does not apply to private employers.

Eligible state workers receive 120 hours of paid parental leave (three weeks at full pay) within the first 6 months after the birth, adoption, or state-supervised placement of a child.

If you are reading this from a private-sector HR seat, HB 1010 is context only. Your private-sector Georgia employees get the federal FMLA unpaid floor and whatever your offer letter provides on top.

It matters for one reason. State agencies are now a benchmark competitor. A clinical-research analyst at a state university gets 3 paid weeks for a new baby and protected unpaid time on top. Mason’s 30-person Atlanta startup competes for those candidates and cannot rely on the FMLA-only line to win them.

HB 1010 reference table

ElementHB 1010 ruleSource
Who is coveredState of Georgia government employees, certain authorities, and the public schools (HB 1078 extension)HB 1010 (2020); HB 1078 (2022); O.C.G.A. § 45-20-31 et seq.
Who is NOT coveredPrivate-sector employers; federal employees (covered by separate FEPLA); contractorsHB 1010 (2020)
Paid leave granted120 hours (about 3 weeks at 40 hours / week) full payO.C.G.A. § 45-20-32
Qualifying eventsBirth, adoption, or state-supervised placement of a childO.C.G.A. § 45-20-32(b)
Use windowWithin 6 months of the qualifying eventO.C.G.A. § 45-20-32(c)
EligibilityState employee in regular status for at least 6 months of continuous serviceO.C.G.A. § 45-20-32(a)
Interaction with FMLARuns concurrently with FMLA leave for eligible state employees; tops up unpaid FMLA to paidO.C.G.A. § 45-20-32(d)
Effective date1 July 2020 (HB 1010); expanded to public schools 1 July 2022 (HB 1078)Acts 2020, p. 312; Acts 2022, p. 89

What it means for the offer letter you write

If you hire white-collar talent in Atlanta, Athens, or Macon, the state-employee benchmark sets a floor in the candidate’s mind even if you have no statutory obligation to match it. Three weeks paid at full salary is now the visible Georgia parental-leave baseline among public-sector employers. Your private-sector offer either matches it, beats it, or you tell a different story (equity, remote flexibility, faster promotion path).

Mason’s 12-week / 6-week design beats the HB 1010 line by a clear margin. Lily’s 80-person sales team in Savannah currently offers 6 weeks primary and 0 weeks secondary, which is closer to the state line than she realised. The remote-first competitor she keeps losing reps to offers 16 weeks primary and 8 weeks secondary, fully paid.

What does federal FMLA give Georgia employees?

Federal FMLA gives qualifying Georgia employees up to 12 weeks of unpaid, job-protected leave per 12-month period. Group health coverage continues at the employer’s normal premium share.

It applies only to employers with 50 or more employees within a 75-mile radius. The employee qualifies after 12 months of tenure and 1,250 hours worked.

The 50-employee threshold counts your entire US payroll, not just Georgia headcount. An employer with 30 Georgia staff and 25 Texas staff crosses the line even though neither state alone gets there.

For Mason’s 30-person Atlanta startup with no other US presence, FMLA does not yet apply. If a developer needs leave today for a serious illness or a newborn, the answer is whatever Mason’s voluntary policy says.

02 29 U.S.C. § 2601 · FMLA

The Family and Medical Leave Act of 1993 is the federal floor for unpaid, job-protected leave. It overrides nothing in Georgia because Georgia has no competing state floor. The 50-employee threshold counts every US employee, not just Georgia ones, which catches multi-state employers off guard.

50+ US employees · 75-mile radius 12 months tenure · 1,250 hours 12 weeks unpaid · job protected Group health continued

Five qualifying reasons trigger FMLA leave:

  • Birth and care of a newborn, within 12 months of birth
  • Placement of a child with the employee for adoption or state-supervised care, within 12 months of placement
  • Care for a spouse, child, or parent with a serious health condition
  • The employee’s own serious health condition that makes them unable to perform the job
  • Qualifying military exigency arising from a family member’s active duty; up to 26 weeks for military caregiver leave

FMLA reference table

ElementFederal FMLA ruleStatute / source
Employer threshold50+ employees within 75 miles, 20+ weeks in current or prior year29 U.S.C. § 2611(4); 29 CFR § 825.105
Employee eligibility12 months tenure, 1,250 hours in preceding 12 months29 U.S.C. § 2611(2); 29 CFR § 825.110
Standard leave entitlement12 weeks unpaid, job protected, per 12-month period29 U.S.C. § 2612(a)(1)
Military caregiver leave26 weeks in single 12-month period29 U.S.C. § 2612(a)(3)
Health coverage during leaveContinued at employer’s normal premium share29 U.S.C. § 2614(c)
Reinstatement rightSame or equivalent position on return29 U.S.C. § 2614(a)
Substitution of paid leaveEmployee may substitute accrued PTO; employer may require it29 CFR § 825.207

What FMLA does not require

  • Pay during leave. FMLA is unpaid by statute. There is no federal wage-replacement benefit.
  • Coverage below 50. A 30-employee Georgia company has no FMLA obligation. There is no state mini-FMLA to fall back on.
  • Coverage in the first 12 months of tenure. A new hire with a newborn has no FMLA right to job-protected leave.

What protections apply for pregnancy and disability in Georgia?

Federal law applies. Georgia adds nothing on top.

The Pregnant Workers Fairness Act, or PWFA, took effect 27 June 2023. It requires reasonable accommodation for pregnancy, childbirth, and related conditions at any employer with 15 or more employees.

The Americans with Disabilities Act covers pregnancy-related disabilities such as gestational diabetes or severe preeclampsia. The 1978 Pregnancy Discrimination Act treats pregnancy as any other temporary disability for benefits and leave parity.

Between 15 and 50 employees, PWFA covers accommodation (modified duties, schedule changes, time off for appointments, lactation breaks). FMLA does not yet apply, so there is no statutory 12-week job hold for the birth itself. That gap is the policy decision your offer letter has to make explicit. Lily’s 80-person Savannah team is over both thresholds. Mason’s 30-person Atlanta startup is over PWFA but under FMLA.

Pregnancy and disability reference table

Federal lawEmployer thresholdCore protectionStatute
Pregnant Workers Fairness Act (PWFA)15+ employeesReasonable accommodation for pregnancy, childbirth, and related conditions42 U.S.C. § 2000gg; effective 27 June 2023
Pregnancy Discrimination Act (PDA)15+ employeesPregnancy treated as any other temporary disability for benefits and leave parity42 U.S.C. § 2000e(k)
Americans with Disabilities Act (ADA)15+ employeesReasonable accommodation for pregnancy-related disabilities42 U.S.C. § 12112
PUMP Act (lactation)All employers (50 or fewer-employee exemption available on undue-hardship)Break time and private space for nursing employees, up to 1 year postpartum29 U.S.C. § 218d

What this means for offer letters

The most retention-critical voluntary line on a Georgia offer letter is paid parental leave. Federal unpaid FMLA at 50 employees plus PWFA accommodation at 15 leaves a wide gap that voluntary policy fills.

Mid-market Georgia employers commonly offer 6 to 8 weeks of paid maternity leave and 2 to 4 weeks of paid paternity or partner leave. Top-quartile knowledge-work employers offer 12 to 16 weeks paid for the primary caregiver regardless of gender. Mason’s 12-week / 6-week split puts him firmly in that top quartile.

What about military leave and jury duty in Georgia?

Federal USERRA protects civilian jobs for service members. Georgia mirrors it for National Guard and Naval Militia state active duty.

Jury and witness service is mandatory. Georgia employers cannot discharge or threaten an employee for serving. State law does not require pay continuation, but a deduction from salaried-exempt pay for a jury day is forbidden under federal salary-basis rules.

Neither rule is a state PFL or PSL programme. They are narrow, separate carve-outs that apply regardless of headcount.

Military leave and jury duty reference

ProtectionWho it coversWhat you oweSource
USERRAService members called to federal active dutyJob protection up to 5 years cumulative; health coverage continues (employee may pay up to 102% COBRA-style); reinstatement on the escalator principle38 U.S.C. § 4301 et seq.
Georgia state active dutyNational Guard or Naval Militia called by the GovernorJob protection mirrors USERRA; pay protection for up to 30 days per federal fiscal year for state-called active dutyO.C.G.A. § 38-2-280
Jury / witness duty, protection from dischargeAll employeesCannot discharge or threaten for serving; misdemeanour penaltyO.C.G.A. § 34-1-3
Jury duty, pay continuationState law: not required; federal FLSA salary-basis rule: cannot dock exempt pay for partial-week jury absenceIf you don’t pay, you must allow unpaid leave; cannot force PTO use under O.C.G.A. § 34-1-3O.C.G.A. § 34-1-3; 29 CFR § 541.602(b)(3)
Voting leaveAll employeesUp to 2 hours unpaid time off to vote, unless polls are open 2+ hours before or after the work shiftO.C.G.A. § 21-2-404

Three quick rules that cover most of the risk

The escalator principle on USERRA reinstates the returning service member to the position they would have held had they not been called up. Not the job they left.

On jury duty, most Georgia employers extend pay continuation as a voluntary policy line, because the saved wages on 1 to 5 days of jury service rarely cover the morale cost of being the employer who deducts them. The 30-day state-active-duty pay rule is the one place where pay is statutory.

On voting leave, Georgia’s 2-hour rule is unpaid but cannot be denied unless the employee has a clear 2-hour window outside their shift. Tag voting-leave requests in time-off systems separately from PTO.

What about employers with fewer than 50 employees in Georgia?

Below 50 employees, Georgia imposes no mandatory paid-leave law at all, with three narrow exceptions: PWFA accommodation at 15 employees, USERRA reemployment, and the Family Care Act sick-leave use right at 25 employees.

Everything else is voluntary. Paid parental, paid sick, paid bereavement, paid vacation, unpaid time off for a child’s school visit.

Mason’s 30-person Atlanta fintech sits squarely in this zone. The good news is no state PFL portal, no PSL ledger, no protected-leave clock to manage. The bad news is no federal employer cover when a California-headquartered competitor offers a meaningful voluntary package.

The pattern Teamed sees for Georgia clients hiring their first three to ten people: 8 weeks paid parental leave, 8 paid sick days, 3 paid bereavement days, full pay during jury duty. Cost is roughly 1.5 to 2.5 percent of payroll. It is the difference between losing Mason’s senior engineer to the remote-first competitor and keeping her for the next funding round.

The headcount tipping point

A Georgia employer hits the FMLA 50-employee threshold gradually as US headcount grows. The trigger is 20 or more weeks of 50+ employees in either the current or preceding calendar year.

Once tripped, the FMLA obligation continues for the rest of the current calendar year and the full following calendar year, even if headcount drops back below 50. The lookback rule catches employers who scale through funding rounds or seasonal hiring. The obligation outlasts the headcount that triggered it.

Lily’s 80-person Savannah team crossed the threshold in Q2 of the prior year. She is FMLA-covered for all of 2026 and all of 2027, regardless of any attrition between now and then. Carter’s multi-state operations team crossed it long ago; his Georgia hires are inside FMLA from day 366 of tenure.

Teamed pricing · Georgia leave administration

$599 / employee / month flat, Zero FX

Single fixed rate covers leave-policy administration, FMLA eligibility tracking, PWFA accommodation logging, Georgia Family Care Act handbook configuration, jury and voting-leave handling, and USERRA reinstatement support. No setup fee, no exit fee, no markup on any statutory cost.

Statutory employer cost (FICA, FUTA, Georgia SUI, workers’ comp insurance) passes through at cost, itemised on every invoice. The leave package you design lives alongside, administered through the same platform.

How does Teamed handle Georgia leave end to end?

Teamed becomes your legal Employer of Record in Georgia and runs the full leave administration. Voluntary policy design with Southeast benchmark data, FMLA eligibility tracking for the 50-employee trigger, PWFA accommodation logging at 15, Georgia Family Care Act handbook configuration, jury and voting-leave handling, USERRA reinstatement.

One platform. Named country specialist. A real human picks up the phone when a leave question comes in.

What that looks like, day to day:

  • Policy design at hire. Every offer letter cites specific paid parental, paid sick, bereavement, and PTO terms drawn from our Georgia benchmark data. You see the median Atlanta line and the competitive top-quartile line side by side, and you choose.
  • FMLA eligibility ledger. For every US hire, we track tenure, hours worked in the preceding 12 months, and worksite-radius geography. The moment you cross 50 employees, FMLA notice posters, rights-and-responsibilities notices, and the eligibility-determination process switch on automatically.
  • PWFA and accommodation logging. Reasonable accommodation requests live in a single ledger with the interactive-process conversation documented. The 15-employee threshold flips on the moment you hit it.
  • Georgia Family Care Act handbook. If you offer a separate paid-sick category in Georgia, the handbook addendum reserves the 5 days for family care. If you run a single PTO bank, the addendum documents the carve-out exemption.
  • Jury, witness, and voting-leave handling. Each absence type tracks separately from PTO. Salaried-exempt employees never see a partial-week dock for jury service. Voting leave triggers only when the employee’s shift does not leave a 2-hour clear window.
  • USERRA reinstatement. Military leave is tracked against the five-year cumulative cap. On return, the escalator principle determines the reinstatement position. Health-plan continuation runs alongside.

Behind the platform sits a named country specialist for the US and an in-house HR specialist who knows the FMLA / PWFA / USERRA stack and Georgia’s narrow state-law carve-outs. When a leave question comes in, you message the same person. No support tickets. No chatbot triage.

Contractor onboarding, EOR payroll, and entity graduation all live on one platform. A US contractor who converts to W-2 keeps their record. That same employee can graduate from EOR to your own Delaware C-corp without changing systems. One timeline. One platform.

When EOR is the right call (and when it isn’t)

EOR works while you’re testing the Georgia market, ramping a small remote team, or running one or two Georgia hires alongside a larger US payroll elsewhere.

Once you have six or more Georgia employees and predictable hiring ahead, the maths of running your own US entity starts to win. Georgia is one of the cheaper states to register and operate in. Teamed’s Crossover Calculator tells you the month the EOR model stops being right. The graduation conversation is built into the relationship.

Teamed Client Operations
Georgia is the cleanest leave question on the US map. No state PFL. No state PSL. Federal FMLA at 50 employees. The Family Care Act re-allocates the sick leave you already grant. HB 1010 covers state-government workers only. The work is not the compliance, it is the policy design. An Atlanta engineer comparing your offer to a Bay Area job knows exactly what they are giving up on state-funded benefits, and your voluntary parental-leave line is what closes the gap.
A note from Tom Price-Daniel

Georgia gives you a clean compliance slate on leave and a heavier voluntary-policy decision.
Federal FMLA only kicks in at 50 employees, the Family Care Act re-uses the sick days you already grant, and below those thresholds the policy you write is the policy you run.
The retention conversation lives in the offer letter, not in the statute.

Tom Price-Daniel · Co-founder, Teamed

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