Georgia currently doesn’t have its own family and medical leave law, so the federal Family and Medical Leave Act (FMLA) is the main source of extended, job-protected leave for most Georgia workers. FMLA gives eligible employees up to 12 weeks of unpaid leave a year for their own serious health condition, a family member’s care, or a new child. Georgia adds a few narrower protections, including a rule that lets many workers use some of their existing sick leave to care for family, so knowing how these fit together can help you protect your job while you’re out.
Key takeaways
- More than half of U.S. employees are eligible for FMLA, and in Georgia, employers with 25 or more employees generally must let full-time workers use up to 5 days of earned sick leave a year to care for an immediate family member.
- FMLA leave is unpaid, and Georgia doesn’t require private employers to offer sick leave, so longer leave usually relies on employer benefits or short-term disability insurance.
- If your employer asks for medical certification for FMLA, you generally have at least 15 calendar days to return it, so you can start early.
Does Georgia have its own FMLA law?
No. Georgia currently has no state law that provides extended family and medical leave the way FMLA does, so federal FMLA applies in Georgia the same way it does in every other state.
Georgia law does add a few narrower protections. The most relevant is the state’s kin care rule, which lets eligible workers use some of the sick leave they already earn to care for family members. Georgia also protects employees who miss work for jury duty or a court subpoena, and state employees may qualify for paid parental leave.
Since FMLA is the main path to extended leave, the next step is checking whether you meet its eligibility rules.
Who qualifies for FMLA in Georgia?
You qualify for FMLA if your employer is covered and you meet a few work requirements. These rules come from federal law and are the same in Georgia as anywhere else.
Under the federal rules, you’re generally eligible if you:
- Work for a covered employer, such as a private employer with 50 or more employees, or any public agency or school.
- Have worked there for at least 12 months, which don’t need to be consecutive.
- Worked at least 1,250 hours in the 12 months before your leave starts.
- Work at a location where your employer has at least 50 employees within 75 miles.
Not everyone meets these rules. A national survey of U.S. workers and worksites found that 56% of employees are eligible for FMLA. Your human resources (HR) department or leave administrator can confirm whether you qualify.
What does FMLA cover in Georgia?
FMLA provides up to 12 workweeks of unpaid, job-protected leave in a 12-month period, and your employer must keep your group health coverage going on the same terms while you’re out.
You can use FMLA for:
- Your own serious health condition that keeps you from doing your job, such as surgery recovery, a chronic illness, or a mental health condition that needs ongoing treatment.
- Caring for a spouse, child, or parent with a serious health condition.
- The birth, adoption, or foster placement of a child, within the first year.
- Qualifying military needs, including up to 26 weeks to care for a seriously injured or ill service member.
In the same national survey, 51% of leaves taken were for the employee’s own serious health condition.
Can you take intermittent FMLA in Georgia?
Yes. You can take FMLA in separate blocks of hours or days (intermittent leave) when it’s medically necessary, such as for migraines, flare-ups of a chronic condition, or regular treatments. The MyFMLA guide to intermittent FMLA explains how your provider estimates how often and how long you’ll be out.
How does Georgia’s kin care law work?
Georgia’s kin care law lets eligible employees use part of the sick leave they already earn to care for family. It doesn’t create new leave or require employers to offer sick leave in the first place.
Under O.C.G.A. 34-1-10, employers with 25 or more employees, including the state and local governments, must allow employees who work at least 30 hours a week to use up to 5 days of earned sick leave per calendar year to care for an immediate family member. Immediate family includes your child, spouse, grandchild, grandparent, or parent, plus dependents listed on your most recent tax return.
However, the law has limits. It applies only to employers that already offer sick leave, and it states that it doesn’t create a new cause of action against an employer, so questions about how your employer applies it are best raised with HR first. A 2023 amendment removed the law’s original expiration date, so it remains in effect.
Is FMLA paid in Georgia?
No. FMLA is unpaid, and Georgia doesn’t run a state paid family leave or temporary disability insurance program for private-sector workers. The kin care law also notes that it doesn’t require employers to offer sick leave.
Common ways to replace income during longer leave include paid sick time or paid time off (PTO) your employer offers, which you may be allowed or required to use during FMLA, and short-term disability insurance through your employer or a private policy.
FMLA provides job-protected leave but doesn’t replace income. Short-term disability may replace part of your income but doesn’t, by itself, protect your job. Many people need both, and the MyFMLA guide to FMLA and short-term disability explains how they work together.
Pay can matter for health, too. A national study of new mothers found that those who took paid maternity leave had lower odds of rehospitalization for themselves and their infants than those who took unpaid or no leave. For Georgia state employees, the Department of Administrative Services describes up to 240 hours of paid parental leave a year for eligible executive branch employees. Starting July 1, 2026, eligible employees may also receive up to 120 hours of maternal birth leave in the 3 weeks after childbirth.
If you need FMLA and short-term disability paperwork at the same time and your own doctor can’t complete both, a board-certified physician can evaluate you for FMLA and short-term disability certification in a secure video visit. You must be physically located in Georgia at the time of the visit.
Other Georgia leave protections
If you don’t qualify for FMLA, other Georgia and federal laws may still protect you in specific situations. These are narrower than FMLA, so check the details with HR.
- Jury duty and court appearances: Georgia law makes it unlawful for employers to fire, discipline, or penalize employees for missing work to respond to a jury summons or subpoena, though employers may require reasonable notice.
- Military service: The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) generally requires prompt reemployment after military service, with the seniority, status, and pay you would have had.
- Pregnancy accommodations: The federal Pregnant Workers Fairness Act requires employers with 15 or more employees to provide reasonable accommodations, which can include leave to recover from childbirth, unless it causes undue hardship.
- Leave as an ADA accommodation: If you have a disability and your leave runs out, unpaid leave can be a reasonable accommodation under the Americans with Disabilities Act (ADA).
Whichever protection applies, medical certification is often the piece that holds up a request, so it helps to know how that process works.
How to get FMLA certification in Georgia
Your employer can ask for medical certification to support your FMLA request, and you must be given at least 15 calendar days to return it.
- Tell your employer as soon as you know you need leave, with enough detail to show it may qualify. For planned leave, give 30 days’ notice when you can.
- Get the right form. The official FMLA forms include WH-380-E for your own health condition and WH-380-F for a family member’s. Some employers use their own forms.
- Have a health care provider complete it, including your condition, how it affects your ability to work, and how much leave you need.
- Return it on time and keep a copy for your records.
- Watch for your employer’s designation notice, which states whether your leave is approved as FMLA.
The MyFMLA guide to FMLA forms and how to complete them walks through each section so you can avoid common delays.
When to seek medical attention
FMLA paperwork can wait, but your health shouldn’t. Contact a health care provider if your symptoms are getting worse, a new symptom appears, or you’re not recovering as expected.
This is not an emergency service. If you have chest pain, trouble breathing, signs of a stroke, or another emergency, call 911 or go to the nearest emergency room. If you’re having thoughts of suicide or are in crisis, call or text 988 to reach the Suicide & Crisis Lifeline.
Frequently asked questions
Does Georgia have paid family leave?
Not for most private-sector workers. Georgia currently doesn’t run a state paid family leave program, though some employers offer paid parental or family leave as a benefit, and eligible state employees may receive paid parental leave. Check your employee handbook or ask HR.
Does Georgia require paid sick leave?
No. Georgia law doesn’t require private employers to offer sick leave. If your employer does offer it and has 25 or more employees, the kin care law generally lets full-time workers use up to 5 days a year to care for an immediate family member.
Can you use sick leave during FMLA in Georgia?
Often, yes. If your FMLA leave is for a reason covered by your employer’s paid leave policy, you may be able to use accrued sick leave or PTO so part of your leave is paid. Ask HR how your employer coordinates the two.
Can you get FMLA for mental health in Georgia?
Yes, if your condition is a serious health condition, such as one that needs ongoing treatment or causes periods when you can’t work. The MyFMLA guide to taking FMLA for mental health explains what certification looks like.
Who decides whether FMLA leave is approved?
Your employer or its leave administrator decides whether to approve and designate your leave. Medical certification supports your request, but it does not guarantee approval.
Get help with your FMLA paperwork
If you need FMLA certification and your own provider can’t complete it before your deadline, a board-certified MyFMLA physician can evaluate your condition in a secure video visit. Intermittent FMLA documentation is typically completed within 1 business day, and continuous FMLA and more comprehensive requests within 1 to 3 business days after the appointment, when all required information is available. Start your evaluation; current pricing is shown on the booking page.
Sources
- U.S. Department of Labor, Wage and Hour Division. Accessed November 5, 2026. Family and Medical Leave Act. https://www.dol.gov/agencies/whd/fmla
- U.S. Department of Labor, Wage and Hour Division. Revised March 2025. Fact Sheet #28: The Family and Medical Leave Act. https://www.dol.gov/agencies/whd/fact-sheets/28-fmla
- U.S. Department of Labor, Wage and Hour Division. Accessed November 5, 2026. Fact Sheet #28F: Reasons that Workers May Take Leave under the Family and Medical Leave Act. https://www.dol.gov/agencies/whd/fact-sheets/28f-fmla-qualifying-reasons
- U.S. Department of Labor, Wage and Hour Division. Accessed November 5, 2026. Fact Sheet #28E: Requesting Leave under the Family and Medical Leave Act. https://www.dol.gov/agencies/whd/fact-sheets/28e-fmla-employee-notice
- U.S. Department of Labor, Wage and Hour Division. Accessed November 5, 2026. FMLA Forms. https://www.dol.gov/agencies/whd/fmla/forms
- Chang K, Brown S, Herr J, Roy R, Klerman JA. Employee and Worksite Perspectives of the Family and Medical Leave Act: Executive Summary for Results from the 2018 Surveys. Abt Associates; U.S. Department of Labor, Chief Evaluation Office; July 2020. https://www.dol.gov/sites/dolgov/files/OASP/evaluation/pdf/WHD_FMLA2018SurveyResults_ExecutiveSummary_Aug2020.pdf
- Justia, 2025 Code of Georgia. Accessed November 5, 2026. O.C.G.A. 34-1-10: Use of sick leave for care of immediate family members. https://law.justia.com/codes/georgia/title-34/chapter-1/section-34-1-10/
- Justia, 2025 Code of Georgia. Accessed November 5, 2026. O.C.G.A. 34-1-3: Discrimination against employee for attending a judicial proceeding in response to a court order or process; exception to applicability of Code section. https://law.justia.com/codes/georgia/title-34/chapter-1/section-34-1-3/
- Georgia Department of Administrative Services. Accessed November 5, 2026. Maternal Birth Leave and Paid Parental Leave. https://doas.ga.gov/human-resources-administration/maternal-birth-leave-and-paid-parental-leave
- U.S. Department of Labor, Veterans’ Employment and Training Service. Accessed November 5, 2026. USERRA: Uniformed Services Employment and Reemployment Rights Act. https://www.dol.gov/agencies/vets/programs/userra
- U.S. Equal Employment Opportunity Commission. Accessed November 5, 2026. What You Should Know About the Pregnant Workers Fairness Act. https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
- U.S. Equal Employment Opportunity Commission. Accessed November 5, 2026. Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the ADA. https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
- Jou J, Kozhimannil KB, Abraham JM, Blewett LA, McGovern PM. Paid maternity leave in the United States: associations with maternal and infant health. Matern Child Health J. 2018;22(2):216-225. doi:10.1007/s10995-017-2393-x. https://pubmed.ncbi.nlm.nih.gov/29098488/
Medical documentation supports your request but does not guarantee approval. Final decisions are made by your employer, insurance carrier, leave administrator, school, or applicable state program.
This article is for informational purposes only and is not a substitute for professional medical advice.
This is not an emergency service. In an emergency, call 911 or go to the nearest emergency room.
