House Bill 1118 (AS PASSED HOUSE AND SENATE)
By: Representatives Donatucci of the 105th, Jones of the 47th, Cooper of the 45th, Cheokas of
the 151st, Greene of the 154th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated,
relating to general provisions relative to personnel administration, so as to provide a maternal
birth leave for certain employees; to provide for definitions; to provide for rules,
administration, and requirements; to provide for software and other related updates by the
State Accounting Office to add maternal birth leave as a new benefit leave category; to
provide for eligibility; to provide for adverse employment action; to provide for notice; to
provide for state holiday compensation during maternal birth leave; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to
general provisions relative to personnel administration, is amended by adding a new Code
section to read as follows:
<ins>"45-20-23.
(a) As used in this Code section, the term:
(1) 'Eligible employee' means an individual who experiences a life event and who:
</ins>
<ins>(A) Is an individual identified in subparagraph (A), (E), (F), (G), or (L) of
paragraph (2) of Code Section 45-18-1 who is classified as full time by the applicable
state employing entity; or
(B) Is an individual identified in paragraph (4) of subsection (a) of Code
Section 20-2-880 or paragraph (3) of Code Section 20-2-910 who is classified as full
time by the applicable local education agency.
(2) 'Employing entity' means:
(A) The executive, legislative, or judicial branch of state government; or
(B) A local education agency.
(3) 'Local education agency' shall have the same meaning as set forth in Code
Section 20-2-167.1.
(4) 'Maternal birth leave' means a period of paid time off from work necessary to
recuperate as a result of a qualifying life event.
(5) 'Qualifying life event' means giving birth to one or more children in a single or
multiple pregnancy.
(b) All eligible employees of an employing entity shall be eligible for 120 hours of paid
maternal birth leave for qualifying life events after six continuous months of employment
with the employing entity regardless of whether the employee is eligible for paid or unpaid
leave under federal law.
(c) If taken, maternal birth leave shall only be taken during the three-week period
immediately following the eligible employee's qualifying life event to recuperate from such
birth and shall precede the taking of any paid parental leave authorized under Code Section
45-20-17.
(d) Unused paid maternal birth leave shall have no cash value at the time of the eligible
employee's separation from employment with the employing entity.
(e) Each employing entity shall promulgate rules for the administration of paid maternal
birth leave under this Code section for eligible employees which are not in conflict with
</ins>
<ins>this Code section; provided, however, that the State Personnel Board shall promulgate such
rules for any employing entity that is considered a department or agency as such terms are
synonymously defined in paragraph (6) of Code Section 45-20-2. At a minimum, such
rules of the employing entity shall address:
(1) Whether paid maternal birth leave under this Code section shall run concurrently with
any leave provided under federal law; and
(2) The documentation, if any, that an eligible employee shall be required to provide to
establish the existence of a qualifying life event.
(f) To implement paid maternal birth leave under this Code section, the State Accounting
Office shall make any and all necessary adjustments to its current and any future human
capital management software, websites, and platforms used by participating employing
entities to ensure that paid maternal birth leave appears as a new benefit leave category not
later than October 1, 2026.
(g) An eligible employee employed on an hourly basis shall be eligible for paid maternal
birth leave under this Code section if such eligible employee has worked a minimum of 700
hours over the six-month period immediately preceding the requested paid maternal birth
leave date.
(h) No employing entity shall interfere with, restrain, or deny the exercise of or the attempt
to exercise the provisions of this Code section by any eligible employee. No employing
entity shall discharge or in any other manner discriminate or retaliate against any eligible
employee for lawfully exercising the provisions of this Code section. Notwithstanding any
other provision of this Code section, nothing shall prevent an employing entity from taking
an adverse employment action against an eligible employee who submits a false or
fraudulent document or otherwise provides false or fraudulent information in an attempt
to obtain paid maternal birth leave under this Code section.
(i) If a paid state holiday takes place during the eligible employee's maternal birth leave,
such eligible employee shall only be compensated for the state holiday.
</ins>
<ins>(j) The employing entity shall provide notice of the benefits provided under this Code
section to each eligible employee upon hiring and annually thereafter."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.