Last updated on: September 25th, 2023
Hours & Pay Regulations
The FLSA does not require employers to provide vacation time or vacation pay, as these benefits are a matter of agreement between the employer and employee. Employers who offer this and other benefits are strongly encouraged to have written policies that clearly communicate these benefits to your employees.
The Georgia state minimum wage is $5.15. Employees covered under the federal Fair Labor Standards Act are subject to the federal minimum wage of $7.25, but those not covered under the FLSA may be paid the state minimum wage of $5.15.
The above information on minimum wages might not be up to date & subject to change. Kindly access the DOL website for the current rates.
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 the Georgia Labor Code shall be construed to require an employer to offer sick leave or to require an employer to allow an employee to use more than 5 days of earned sick leave per the calendar year for the care of an immediate family member. An employee shall not be entitled to use sick leave 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.
Funeral Leave is based on an agreement between employer and employee.
Employers may not discharge, discipline or otherwise penalize (or threaten to penalize) an employee for taking leave to attend a judicial proceeding in response to a subpoena, a summons for jury duty or any other court order. This protection does not apply to employees who are charged with a crime. Employers may require employees to provide reasonable notice of the absence or delay in reporting to work in order to attend the judicial proceeding. Georgia’s jury duty and court attendance leave law do not require leave to be paid. However, an Attorney General’s Opinion from 1989 states that an employee is entitled to be paid his or her salary while missing work to serve on a jury. (Op. Atty Gen’l No. 89-55)
In addition to USERRA, Georgia law provides reemployment rights for state and U.S. military service members. An employer must restore an employee returning from military service (without loss of seniority or other benefits) to the employee’s former position or a position of like seniority, status, and pay. Reemployment is not required if the employer’s circumstances have changed, making it impossible or unreasonable to do so. Reemployment rights generally apply to employees who leave a position of employment, other than a temporary position, in order to perform a state or U.S. military service. Employees must still be qualified to perform the duties of the position to be eligible for reemployment. In general, employees must apply for reemployment within 90 days after they are relieved from military service. However, employees who leave work to participate in annual training or attend service schools conducted by the U.S. armed forces must apply for reemployment within 10 days after completion of the training or service school. Employees must also submit to their employers a certificate of completion of military service from an officer of the applicable military force. An employee who is restored following military leave must be considered as having been on furlough. These employees may not be discharged without cause within one year after the restoration.
Each employee shall, upon reasonable notice to their employer, be permitted by their employer to take any necessary time off from their employment to vote in any municipal, county, state, or federal political party primary or election for which such employee is qualified and registered to vote either on one of the days that are designated for advance in-person voting or on the day on which such primary or election is held; provided, however, that such necessary time off shall not exceed 2 hours. Employers may specify the hours during which the employee may be absent. Georgia law does not require employers to pay employees for voting leave. Ga. Code Ann., § 21-2-404.
State employees are allowed up to 30 days of paid leave for organ donation. (§45-20-31).