Georgia
Verified February 2026Georgia Employment Law (Federal Protections Apply)
O.C.G.A. §§ 45-19-20 to 45-19-45 (public sector only)
Georgia is one of the few states that does not have a comprehensive state-level anti-discrimination employment law covering private employers. The state's Fair Employment Practices Act (O.C.G.A. Title 45, Chapter 19) applies only to state government employers with 15 or more employees. This means private-sector workers in Georgia rely almost entirely on federal law for employment discrimination and leave protections.
For leave rights, Georgia has no state-level family or medical leave law. Workers must look to the federal Family and Medical Leave Act (FMLA) for job-protected leave. To qualify, you must work for an employer with 50+ employees and have worked there for at least 12 months and 1,250 hours. Disability discrimination protections come from the federal ADA, which covers employers with 15+ employees.
Georgia does have some limited protections. The Georgia Equal Employment for People with Disabilities Code (O.C.G.A. 34-6A) prohibits disability discrimination by employers with 15+ employees, but its enforcement mechanisms and remedies are more limited than federal law. Workers' compensation covers workplace injuries, but mental-mental claims (psychological injury without physical injury) face significant barriers and are rarely successful.
Because Georgia lacks a comprehensive state anti-discrimination framework for private employers, federal protections are especially important. Workers facing discrimination or needing leave should understand their federal rights under the FMLA, ADA, and Title VII. The EEOC's Atlanta District Office serves as the primary enforcement agency for employment discrimination claims in Georgia.
Employer Size
15+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: Georgia does not have a state family or medical leave law. Federal FMLA is the primary source of job-protected leave.
Anti-Discrimination: Georgia does not have a comprehensive state anti-discrimination law covering private employers. The state Fair Employment Practices Act applies only to state government. Federal protections (ADA, Title VII) are the primary safeguards for private-sector workers, with a shorter 180-day EEOC filing deadline.
Additional Protections
Georgia Equal Employment for People with Disabilities Code
Prohibits disability discrimination by employers with 15+ employees. Enforcement and remedies are more limited than federal ADA protections, but it does provide an additional statutory basis for disability discrimination claims.
O.C.G.A. § 34-6A-1 et seq.
Workers' Compensation
Georgia workers' compensation covers workplace injuries. Mental-mental claims (psychological injury without physical injury) face significant barriers and are rarely compensable. Physical-mental claims (psychological injury following a physical workplace injury) are more commonly accepted.
O.C.G.A. § 34-9-1 et seq.
1. Request FMLA Leave (Federal)
Since Georgia has no state leave law, eligible employees follow federal FMLA procedures:
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. File a Disability Discrimination Complaint (Federal)
- Verify your employer has 15+ employees (federal ADA threshold).
- File a charge with the EEOC Atlanta District Office online, by phone, or in person.
- You must file within 180 days of the discriminatory act (Georgia does not have a state agency that extends this to 300 days for most private-sector claims).
- The EEOC will investigate and may attempt mediation or conciliation.
Note: Because Georgia lacks a comprehensive state fair employment agency for private employers, the federal EEOC is the primary avenue for filing discrimination claims. The standard filing deadline is 180 days, shorter than the 300 days available in states with qualifying state agencies.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 180 days - Deadline to file a discrimination charge with the federal EEOC (standard deadline; Georgia does not have a qualifying state agency that extends this for most private-sector claims)
- 30 days - Workers' comp injury must be reported to employer
- 1 year - Deadline to file a workers' compensation claim
Official Resources
Frequently Asked Questions
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