What You Need to Know About Paternity Leave in Georgia

Fathers in Georgia have certain rights regarding paternity leave. Here’s everything you need to know about paternity leave in Georgia.

The Family and Medical Leave Act provides all workers with 12 weeks of parental leave under certain conditions. Georgia House Bill 146 gives Georgia state workers three weeks of parental leave under certain conditions.

The Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with unpaid, job-protected leave for certain family or medical reasons. Fathers in Georgia looking to take paternity leave may be eligible for FMLA under certain family conditions:

  • The birth of a child (within one year of birth)
  • Caring for a newly adopted child (within one year of placement)
  • Caring for a foster child (within one year of placement)
  • Caring for a spouse or child with a serious health condition

Related: Georgia Parental Leave Laws

Employees Covered by the FMLA

The conditions of the FMLA only cover certain employees. Fathers in Georgia looking to take twelve weeks of paternity leave must work in certain departments:

  • Any public (government) agency
  • Any public primary or secondary school
  • Any private primary or secondary school
  • Companies with over 50 employees within a 75-mile radius

Employees seeking coverage from the FMLA must also have a 12-month working history with their current employer. Within these 12 months, an employee must have worked 1,250 hours to qualify for FMLA benefits in Georgia.

Paid Parental Leave Laws in Georgia

Georgia guarantees paid parental leave for all government employees because of the Georgia House Bill 146. Eligible workers include anyone who works for the state of Georgia and employees of local boards of education.

Georgia state employees are entitled to three weeks of paid parental leave under certain family conditions:

  • The birth of a child (within one year of birth)
  • Caring for a newly adopted child (within one year of placement)
  • Caring for a foster child (within one year of placement)

Eligible Georgia employees are entitled to three weeks of paternity leave for every qualifying event. Leave may be continuous or intermittent, although employees cannot carry over unused leave for future use.

Related: At-Will Employment in Georgia: What You Need to Know

Eligibility of Paid Parental Leave in Georgia

The conditions of paid parental leave only cover certain employees in Georgia. Fathers in Georgia looking to take three weeks of paternity leave must follow the following conditions:

  • Full-time, part-time, or temporary employment
  • At least six months of continuous employment
  • At least 700 hours of work over a six-month employment period

FAQs About Paternity Leave in Georgia

Does the FMLA apply to both fathers and mothers in Georgia?

The FMLA applies to any eligible employee. Eligible employees can be mothers or fathers. Regardless of gender, all workers in the United States who follow the FMLA’s qualifications are eligible for up to 12 weeks of parental leave.

Does paid parental leave apply to both fathers and mothers in Georgia?

Paid parental leave applies to any eligible employee. Eligible employees can be mothers or fathers. Regardless of gender, state workers in Georgia who follow the specified qualifications are eligible for up to three weeks of parental leave.

Can I use both FMLA leave and paid parental leave in Georgia?

If a worker is eligible for FMLA and paid parental leave simultaneously, their total leave may not exceed 12 weeks. If an employee takes three weeks of paid parental leave in Georgia and then becomes eligible for FMLA separately, they may use up to 15 weeks of leave.

How can a lawyer help me with paternity leave in Georgia?

An attorney can help new fathers in Georgia determine how much paternity leave they may receive. Experienced lawyers will be able to determine what new fathers qualify for using both federal and Georgia laws.

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If you or a loved one would like to learn more about Paternity Leave Georgia, get your free consultation with one of our Employment Attorneys in Georgia today!