Georgia Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025

Georgia law does not require private employers to provide paid or unpaid sick leave.

However, public employees may receive up to 15 days (3 weeks) of sick leave per year, with a maximum accrual of 90 days. Employers may offer sick leave at their discretion for private employees.

Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid leave per year for various family or medical reasons, such as the birth or adoption of a child, or to care for a seriously ill family member.

To be eligible, employees must have worked for at least 12 months and 1,250 hours. Georgia does not provide additional paid maternity or family leave.

Georgia does not mandate bereavement leave. Employers are not legally required to provide paid or unpaid leave for the death of a family member. However, many companies choose to offer this as a benefit.

Georgia law does not require private employers to offer paid vacation time.

Public employees accrue vacation based on years of service:

• 15 days (10 hours/month) for the first 5 years,
• 18 days (12 hours/month) for the next 5 years,
• 21 days (14 hours/month) after 10 years. The maximum leave that can be accrued is 45 days.

Public employees in Georgia are granted 12 paid holidays per year.

However, private employers are not required to provide paid holidays or holiday leave. Some may choose to offer paid time off or extra compensation for employees working on holidays.

In Georgia, employers must provide employees with unpaid leave to serve on a jury. It is illegal to penalize or fire employees for fulfilling their jury duty obligations, but there is no requirement for this leave to be paid.

Georgia law grants employees up to 2 hours of unpaid leave to vote in elections. Employers are not required to provide compensation during this time, but they must allow employees time off to vote if it would otherwise interfere with work hours.

Employees in Georgia who serve in the military or are called for training are entitled to leave of absence for their service.

Public employees may receive up to 18 days of paid military leave per federal fiscal year, while private employers are not required to offer paid leave.

Unlike other states, Georgia does not have local minimum wage rates set by cities or municipalities. The state’s minimum wage is $5.15 per hour, but most workers are covered by the federal minimum wage of $7.25 per hour, as it supersedes the state law for most employers.

In Georgia, apart from tipped workers, some roles receive sub-minimum wage:

• Youth Workers or those under the age of 20 can be paid a “training wage” of $4.25 per hour during the first 90 days of employment.
• Certain Agricultural Workers employed on small farms or paid on a piece-rate basis are often exempt from minimum wage requirements.
• Interns who receive academic credit or stipends from educational institutions may also be exempt from minimum wage laws.
• Employees delivering newspapers to consumers may be paid below the minimum wage​.
• Non-Profit Sector Workers: Employees working for certain non-profit organizations, particularly those engaged in charitable or educational activities, may be exempt from minimum wage laws, provided they are receiving training or instruction.

Note that certain organizations are authorized to pay sub-minimum wages to workers with disabilities. However, a bill is currently in progress to phase out this practice by July 1, 2026.

Certain employees in Georgia are exempt from overtime pay under the FLSA. Key exemptions include:

1. Executive, Administrative, and Professional Employees (EAP): Starting January 1, 2025, the salary threshold for these employees will increase to $1,128 per week or $58,656 annually. Employees below this must be paid overtime.
2. Highly Compensated Employees (HCEs): The exemption threshold will rise to $151,164 annually, with at least $1,128 per week paid on a salary basis.
3. Outside Sales and Computer Employees: Certain sales and computer professionals are also exempt from overtime based on duties and pay.

Georgia follows the at-will employment doctrine, meaning employers can terminate employees for any reason, at any time, without cause, as long as the reason is not illegal (e.g., discrimination).

There are limited exceptions, such as for employees under specific contracts or those protected by statutes like the Georgia Fair Dismissal Act for certain public education employees.

Georgia is a right-to-work state, which means employees cannot be required to join or pay dues to a union as a condition of employment.

The law ensures employees have the freedom to work without being compelled to join a labor organization, in accordance with the National Labor Relations Act.

In Georgia, employers can request criminal history records for employment purposes under Georgia Code § 35-3-34, provided they obtain the applicant’s consent. If the background check influences a hiring decision, employers must disclose the specific contents of the record.

For drug testing, Georgia Code § 34-9-415 allows employers, particularly those in the Drug-Free Workplace Program, to conduct drug tests on employees and job applicants. Testing may occur during pre-employment screenings, random checks, post-accident evaluations, or based on reasonable suspicion. Employers must follow strict procedures to ensure privacy and accuracy.

The Georgia Fair Employment Practices Act prohibits employment discrimination in state government jobs based on race, color, religion, sex, national origin, or disability.

This law applies to public sector employees and aligns with federal EEO standards to promote fair treatment in the workplace.