Bill Text: GA HB432 | 2011-2012 | Regular Session | Comm Sub

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Bill Title: Labor and industrial relations; employees use sick leave for immediate family care; allow

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-03-07 - House Committee Favorably Reported [HB432 Detail]

Download: Georgia-2011-HB432-Comm_Sub.html

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12 LC 36 2156S

The House Committee on Industrial Relations offers the following substitute to

HB 432:

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to labor and industrial relations, so as to allow employees to use sick leave for the care of immediate family members; to provide for definitions; to provide for conditions to take leave; to provide that retaliatory actions are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to labor and industrial relations, is amended by adding a new Code section to read as follows:

"34-1-8.

(a) As used in this Code section, the term:

(1) 'Employee' means any individual employed by an employer.

(2) 'Employer' means any person or entity that employs ten or more individuals and shall include the State of Georgia and its political subdivisions and instrumentalities.

(3) 'Immediate family member' includes an employee's child, spouse, or parent.

(4) 'Sick leave' means time away from work by an employee for which the employee receives compensation and is limited to sick time. 'Sick leave' does not include paid short-term or long-term disability, catastrophic leave, or similar types of benefits.

(b) Nothing in this Code section shall be construed to require an employer to offer sick leave of any kind; however, an employer that provides sick leave shall allow an employee to use such sick leave for the care of an immediate family member.

(c) An employee shall not be entitled to use sick leave under this Code section until that leave has been earned. Any employee who uses such sick leave shall comply with the terms of the employer's employee sick leave policy.

(d) Nothing in this Code section shall prohibit an employer from taking employment action against an employee for taking leave that is not protected by this Code section or other applicable law; however, an employer may not discharge, demote, suspend, discipline, or otherwise discriminate against an employee or threaten to take any of these actions against an employee who properly exercises rights granted under this Code section.

(e) The Department of Labor shall adopt rules to implement and enforce the provisions of this Code section."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.