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Georgia Sick Leave: How the 6-Employee Coverage Line Works
Georgia's labor code does not require private employers to offer paid sick leave. Georgia's own state wage law applies to employers of 6 or more, but the state's own $5.15 rate is superseded by the federal $7.25, so that headcount threshold governs wage coverage, not sick time. Accrual, carryover and payout on sick leave are entirely a matter of the employer's written policy in Georgia.
Georgia at a glance
| Paid sick leave mandate | None statewide for private employers |
|---|---|
| Governing rule | Your written policy, enforced as written |
| State paid family and medical leave | None. Federal FMLA only, unpaid, at 50+ employees |
| Minimum wage | Federal $7.25 (state rate $5.15 superseded by FLSA) |
| Overtime | Federal FLSA rules (weekly over 40) |
| Coverage below the 20-employee COBRA line | Georgia Group Continuation of Coverage, up to 3 months [O.C.G.A. section 33-24-21.1 (Group accident and sickness contracts; conversion privilege and continuation right provisions)] |
The same headcount logic shows up twice in Georgia law
Georgia has not created a state paid family and medical leave benefit, so federal FMLA stands alone as job-protected leave, and it pays nothing toward wages while it runs. Three thresholds control eligibility: 50 or more employees within 75 miles at the employer, 12 months of service for the employee, and 1,250 hours actually worked in that same period. A Georgia employer that never reaches 50 employees at one location, the same headcount idea behind its own wage law, owes nothing under FMLA either. See the U.S. Department of Labor's FMLA overview.
A short continuation window tied to prior tenure
O.C.G.A. section 33-24-21.1 measures Georgia's continuation window in a way none of its neighbors do: the remainder of the month employment ends, plus three more months on top, rather than a flat number counted from day one. Six months of prior coverage is the entry ticket for a group member and dependents, and the right disappears entirely if the termination was for cause or the underlying group contract itself came to an end. See O.C.G.A. 33-24-21.1.
Florida is raising its wage floor on a fixed date
Georgia borders Florida, another no-mandate state, but Florida's minimum wage is on a constitutional amendment schedule that raises it from $14.00 to $15.00 on September 30, 2026, while Georgia's state rate stays frozen and superseded by the federal floor. A Georgia employer with a location or a remote hire in Florida needs to track that scheduled increase directly, since nothing in Georgia's own wage law will ever prompt the update.
Where a Georgia employer gets this wrong is applying the 6-employee wage threshold to sick leave decisions. The two are unrelated: O.C.G.A. 33-24-21.1's continuation right, the remainder of the termination month plus three more, carries its own 6-month lookback requirement, and neither figure has anything to do with the wage law's separate headcount test.
In summary: Georgia runs a superseded $5.15 state wage rate, a 6-employee coverage threshold, and a continuation right under O.C.G.A. 33-24-21.1 measured in a partial month plus three, with FMLA's 50-employee gate sitting above all of it.
FMLA, remote-hire exposure and voluntary policy drafting: paid leave fundamentals.
For Georgia specifically: nothing above is statutory in Georgia, so your written policy is the enforceable rule, the wage floor those hours are paid at is Federal $7.25 (state rate $5.15 superseded by FLSA), and below the federal 20-employee COBRA threshold Georgia still requires continuation coverage for up to 3 months. HR outsourcing in Georgia keeps that in the handbook and in payroll.
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Frequently Asked Questions
Does Georgia require paid sick leave?
No. Georgia has no statewide requirement for private employers, so whatever your handbook says is the enforceable rule, including on carryover and payout. Hours you do pay are paid at Federal $7.25 (state rate $5.15 superseded by FLSA).
What pay rate applies to leave hours in Georgia?
Minimum wage in Georgia is Federal $7.25 (state rate $5.15 superseded by FLSA). Overtime: Federal FLSA rules (weekly over 40). Paid leave hours generally do not count toward the overtime threshold because they are not hours worked.
Does health coverage continue after separation in Georgia?
Federal COBRA applies at 20 or more employees. Below that, Georgia has its own continuation law, the Georgia Group Continuation of Coverage, running up to 3 months (O.C.G.A. section 33-24-21.1 (Group accident and sickness contracts; conversion privilege and continuation right provisions)).
Does Georgia run a paid family and medical leave programme?
No. Federal FMLA is the only family and medical leave floor in Georgia: 12 workweeks, unpaid, at employers with 50 or more employees.
How long is Georgia’s continuation right for someone terminated mid-month?
The remainder of that calendar month plus 3 full additional months, under O.C.G.A. 33-24-21.1, which is why the same termination date can produce different total coverage lengths.
What can cut off Georgia’s continuation right before the extra 3 months run out?
Nonpayment of the required contribution, or the underlying group contract or plan terminating entirely, either of which ends coverage under O.C.G.A. 33-24-21.1 right away.
Does Georgia’s continuation right survive a termination for cause?
No. O.C.G.A. 33-24-21.1 specifically excludes terminations for cause from the continuation right, along with any group contract or plan that terminates entirely.
Did Georgia ever move off the federal ACA marketplace?
Yes. Georgia Access is the state’s own exchange platform; Georgia migrated off HealthCare.gov, unlike most of its Southern neighbors.
Does missing a premium contribution disqualify a Georgia employee from continuation?
Yes. O.C.G.A. 33-24-21.1 denies the continuation right if the member failed to pay a required contribution toward the group coverage, separate from the for-cause termination exclusion.
Is this a PEO?
No. No co-employment and no employer-of-record change: your company stays the employer. HR outsourcing, powered by isolved.
Anthony leads HR outsourcing strategy at Business Executive Group, a national HR outsourcing firm serving employers across every state. BEG HR outsourcing is powered by isolved, with certified HR professionals building and maintaining state-correct leave policy as laws change.
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