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By: Will Collins
Across the country, there are an increasing number of state laws requiring that employers provide paid sick leave, including paid leave for the care of a family member. For instance, under the Georgia Family Care Act, which went into effect in July of 2017, employees who work at least 30 hours per week and receive a paid sick leave benefit may use up to five (5) days per calendar of that paid leave to care for “immediate family members.” This includes the employee’s child, spouse, grandchild, grandparent, parent, or “any other dependents as shown on the employee’s most recent tax return.”
To be clear, the Act, which applies to the State of Georgia and all of its political subdivisions and instrumentalities as well as all employers with twenty-five (25) or more employees, does not create an obligation to provide sick leave, but instead requires covered employers that elect to provide paid sick leave to allow their employees to use a portion of that leave to care for immediate family members.
Georgia is just one of several states, including New York, expanding paid family leave obligations. While Georgia stopped short of mandating paid sick leave, eleven (11) other states have laws addressing paid leave policies. As a result, employers must be mindful of state law requirements as well as unpaid leave obligations under the Family Medical Leave Act (FMLA).
If you have questions about your leave policy or leave obligations, please contact one of the attorneys in our National Labor and Employment Practice Group to help you navigate the state and federal regulations and answer questions as they arise.