Many new parents wonder how long maternity leave is in Georgia and how much money they get. The answer is that it depends.
For instance, people working for small businesses often take unpaid time off with no legal job or health insurance protections.
Meanwhile, government workers get twelve weeks of legal job rights and three to twelve weeks of full pay.
Others fall somewhere in the middle. They are FMLA eligible and can take off for twelve weeks – without pay. Still, others get up to 2/3 income replacement if they bought short-term disability before conception.
Learn more about your possible maternity leave experience.
Paid Leave in GA
Many government workers in Georgia enjoy paid parental leave courtesy of taxpayers in the private sector. However, these same taxpayers typically take unpaid time off when they have a birth, adopt a youngster, or foster a child.
Therefore, parents working in the private sector must think ahead and get creative to survive weeks without money.
Government Assistance
Unpaid maternity leave assistance can help private-sector parents survive 12 weeks of time off without compensation. Although finding benefits may be challenging, multiple ways to cut expenses could be found.
- Subsidies for health insurance coverage
- Food Stamps (Supplemental Nutrition Assistance)
- Women Infants & Children (WIC)
- Temporary Assistance for Needy Families (TANF)
- Low Income Home Energy Assistance Program (LIHEAP)
- IRS-supported tax savings
Pregnancy Disability
Short-term disability for pregnancy in Georgia sometimes provides income benefits for mothers working in the private industry. Government workers can also utilize the programs to extend their salary protection beyond 3 or 12 weeks.
These insurance policies replace a portion of earnings if a mom misses work before delivery because of pregnancy complications. However, most women miss the window of opportunity to take advantage.
- The state does not offer a program
- Coverage must begin before conception
- New policies exclude pre-existing conditions for 12 months
- Many employers fail to offer a voluntary option
Applying for Unemployment
You can apply for unemployment while on maternity leave in Georgia. However, it is unlikely that the state will approve your claim initially because you violate the primary requirements.
- Physically able to work: fails while recovering from labor and delivery
- Available for suitable employment: flunks while caring for an infant
However, you could get unemployment after maternity leave if you lost your job for a good cause reason. GA unemployment code offers two statements that could help you qualify.
- 300-2-9-.02 (4-C): Personal illness or disability of a temporary nature of the claimant or a dependent family member
- 300-2-9-.05 (1-E): Whether the employee’s health was placed in jeopardy by conditions on the job
Kin Care Law
The Georgia Family Care Act SB 201 (Kin Care Law) provides limited parental pay benefits for people who work in the private industry. The rule requires employers that offer paid sick leave to allow employees to use this entitlement to care for immediate family members.
The Kin Care Law applies to employers with more than 25 employees. Eligible personnel have worked at least 30 hours per week. Immediate family members include a child, spouse, grandchild, grandparent, parent, or dependents, as shown in the worker’s most recent tax return.
Therefore, the Kin Care Law provides paid time off for some parents.
| Moms | Dads | |
|---|---|---|
| Pregnancy Disability | Self | Care of Wife |
| Recovery from Childbirth | Self | Care of Wife |
| Care of Sick Infant | Yes | Yes |
| Baby Bonding | Unknown | Unknown |
| Postpartum Issues | Self | Care of Wife |
State Employees
Effective July 1, 2021, state government employees in Georgia enjoy paid parental leave benefits. House Bill (HB 146) provides 3 weeks of compensated time off for eligible workers when they give birth, adopt a youngster, or foster a child.
The following state government employees are eligible for this benefit.
- Classified as full-time
- 6 months of continuous employment
- Works for the executive, legislative, or judicial branches of state government
- Employed by a local board of education: teachers
Federal Employees
The Federal Employee Paid Leave Act (FEPLA) makes parental pay available to specific civilian employees in the US Government. FEPLA provides 12 weeks of paid time off for FMLA-eligible personnel connected with a child’s birth or placement (for adoption or foster care).
Federal employees working in civilian roles in Georgia could qualify for this benefit and work for one of the many agencies in the state.
- Air Force
- Army
- Navy
- Department of Veteran Affairs
- Department of Homeland Security
- Health and Human Services
- Many others
FMLA Eligibility in GA
The Family Medical Leave Act (FMLA) eligibility rules in Georgia mirror the standards the Department of Labor set, which apply uniformly nationwide.
You might get government assistance during FMLA even though the time off is unpaid. Eligibility for other benefits are income-based, which is now lower.
Covered Employers
Georgia parents must work for a covered employer to have twelve weeks of FMLA legal rights during maternity leave. Small business workers should consult their employee handbooks.
- All public (government) agencies and departments
- All public and private primary and secondary schools
- Companies with 50+ employees working within a 75-mile radius
Eligible Employees
Georgia parents must fit the criteria for eligible employees to enjoy the twelve weeks of FMLA job protections during maternity leave. Newly hired and part-time workers often must fend for themselves.
- 12 months of tenure with the company or agency
- 1,250 hours worked over the preceding 12 months
Qualifying Reasons
Georgia residents who work for covered employers and meet the employee eligibility criteria typically enjoy twelve weeks of unpaid time off because FMLA rules encapsulate most parental leave scenarios.
| Mothers | Fathers | |
|---|---|---|
| Birth of infant | Yes | Yes |
| Adoption of child | Yes | Yes |
| Placement of a foster child | Yes | Yes |
| Pregnancy disability | Yes | No |
| Care of a sick spouse | No | Yes |
Paternity Leave in GA
Using the abovementioned concepts, we can break down the legal rights for fathers taking paternity leave in Georgia into two categories: paid time off and legal job protections.
Paid Time Off
Georgia fathers have fewer paid paternity leave options than mothers because they remain physically able to work at all times. But other options remain.
- Short-term disability does not cover dads who remain able to work
- Collecting unemployment after paternity leave is more difficult because section 300-2-9-.05 (1-E) does not apply to fathers
- The Kin Care law works well for dads across the board
- Fathers who are state employees get 3 weeks of paid time off
- Dads who are federal workers receive 12 weeks of compensation
Legal Job Protections
Georgia fathers enjoy twelve weeks of legal job and health insurance protections during paternity leave when they are FMLA eligible. Otherwise, dads must fend for themselves or take less time off.
- Fathers working for small businesses (under 50 employees) do not qualify
- Dads who recently changed jobs (12 months) do not meet the criteria
- Fathers who work part-time (less than 1,250 hours) miss the cutoff
Article Citations:
[3] Department of Commerce Offices of HR Management
[4] Department of Labor: FMLA FAQ
