House Bill 1173
By: Representatives Scott of the 76th, McClain of the 109th, Davis of the 87th, and Schofield
of the 63rd
A BILL TO BE ENTITLED
AN ACT
To amend Titles 20, 34, and 45 of the Official Code of Georgia Annotated, relating to
education, labor and industrial relations, and public officers and employees, respectively, so
as to provide for limited bereavement leave and limited extended compassionate leave for
certain employees under certain conditions; to provide for definitions; to prohibit certain
employer actions; to provide for a cause of action and remedy; to provide for rules and
regulations; to provide for related matters; to provide for a short title; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "DeAndre Thompson Parental Bereavement
Protection Act."
SECTION 2.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in
Part 4 of Article 17 of Chapter 2, relating to sick, personal, and maternity leave relevant to
teachers and other school personnel, by revising Code Section 20-2-851, relating to use of
accumulated sick leave for personal or professional reasons, as follows:
"20-2-851.
<ins>(a)</ins> During any school year, personnel may utilize up to a maximum of three days of any
accumulated sick leave for the purpose of absenting themselves from their duties for
personal or professional reasons if prior approval of their absence is given by the local
school superintendent or his <ins>or her</ins> authorized representative; provided, however, that the
absence is not in conflict with a local board of education policy concerning school days on
which the presence of the personnel requesting absence is essential for effective school
operation. No grant of approval for an absence permitted under this Code section shall be
conditioned upon disclosure of the specific purpose for which such absence is sought, nor
shall any such grant of approval be withheld or denied because of the failure or refusal of
personnel to disclose the specific purpose for which such an absence is sought; provided,
however, that personnel may be requested to state whether the absence is sought under the
category of 'personal' or 'professional' absence.
<ins>(b) All personnel shall be entitled to bereavement leave and extended compassionate leave
for qualified leave activities as provided for in Code Section 45-20-17.1, and such leave
shall be provided unless doing so would disrupt effective school operations; provided,
however, that a local board of education may establish and set policies and procedures that
require personnel to utilize other leave prior to or in conjunction with any extended
compassionate leave."
</ins> SECTION 3.
Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,
is amended in Chapter 1, relating to general provisions, by adding a new Code section to read
as follows:
<ins>"34-1-11.
(a) As used in this Code section, the term:
(1) 'Bereavement leave' means leave an employee is allowed to use for qualified leave
activities upon the death of an immediate family member.
(2) 'Employee' means an individual who works for salary, wages, or other remuneration
for an employer for at least 30 hours per week and has worked for such employer for six
or more continuous months. Such term shall not include an eligible employee as defined
in Code Section 45-20-17.1.
(3) 'Employer' means any individual or entity that employs 25 or more employees. Such
term shall not include an employing entity as defined in Code Section 45-20-17.1.
(4) 'Extended compassionate leave' means leave an employee is allowed to use for
qualified leave activities when an immediate family member dies by homicide or suicide,
is killed in action or is declared missing in action while serving in the United States
armed forces, or is reported as a missing person with local law enforcement.
(5) 'Immediate family member' means an employee's child, spouse, grandchild,
grandparent, sibling, or parent, or any dependents as shown in the employee's most recent
tax return, or any such family member's spouse.
(6) 'Qualified leave activities' means permissible activities for which an employee may
use bereavement leave or extended compassionate leave. Such activities include, but are
not limited to, making arrangements for, traveling to and from, and attending the funeral
or alternative to a funeral of an immediate family member; making legal, financial, or
other necessary arrangements related to the death or missing status of an immediate
family member; and attending mental health appointments with healthcare providers
regarding the death or missing status of an immediate family member.
(b) An employee shall be entitled to use a maximum of three work days of paid
bereavement leave and ten work days of unpaid bereavement leave per calendar year, and
an employer shall provide such leave unless doing so would unduly disrupt the employer's
</ins>
<ins>operations. Such leave shall be completed within 60 days of the date an employee receives
notice of the death of an immediate family member.
(c) An employee shall be entitled to use a maximum of four work weeks of unpaid
extended compassionate leave per calendar year, and an employer shall provide such leave
unless doing so would unduly disrupt the employer's operations. Such leave shall be
completed within one year of the date that the employee receives notice of the death of an
immediate family member, notice of the missing in action status of an immediate family
member, or the filing of a missing report of an immediate family member.
(d) An employee shall provide an employer with at least 48 hours' advance notice of such
employee's intention to use bereavement leave or extended compassionate leave, unless
providing such notice is not reasonable and practicable.
(e) An employer may require reasonable documentation of qualified leave activities. Such
documentation may include a death certificate, published obituary, or written verification
of death, burial, or memorial services from a mortuary, funeral home, burial society,
crematorium, religious institution, or government agency.
(f) Provided that the use of such leave under this Code section is not likely to unduly
disrupt the employer's operations, it shall be unlawful for an employer to take an adverse
employment action against an employee because such employee uses or attempts to use
leave under this Code section, opposes practices which such employee believes to be in
violation of this Code section, or supports another employee who uses or attempts to use
leave under this Code section. Nothing in this subsection shall prevent an employer from
taking an adverse employment action against an employee who submits a false or
fraudulent document or otherwise provides false or fraudulent information in an attempt
to obtain leave under this Code section.
(g) An employee who is entitled to paid or unpaid leave from employment pursuant to
federal, state, or local law, a collective bargaining agreement, or an employment benefits
program or plan may elect to substitute any period of such leave for an equivalent period
</ins>
<ins>of bereavement leave or extended compassionate leave. If additional leave beyond the
leave provide for in subsections (b) and (c) of this Code section is necessary, the employee
may use other leave, subject to the approval of the employer; provided, however, that the
protections provided under subsection (f) of this Code section shall only apply to
bereavement leave and extended compassionate leave. Unused bereavement leave and
extended compassionate leave shall have no cash value at the time of an employee's
separation from employment with an employer.
(h)(1) An individual may institute a civil action against an employer for violations of this
Code section. Such action may be brought in any court of record in this state having
jurisdiction over the defendant and shall be brought within 180 days after the alleged
prohibited conduct occurred.
(2) The court may order any or all of the following relief:
(A) An injunction restraining continued violation of this Code section;
(B) Reinstatement of such employee to the same position held before the adverse
employment action or to an equivalent position;
(C) Reinstatement of full fringe benefits and seniority rights;
(D) Compensation for lost wages, benefits, and other remuneration; and
(E) Reasonable attorney's fees, court costs, and expenses.
(i) The department shall adopt rules and regulations for the purpose of implementing the
provisions of this Code section."
</ins> SECTION 4.
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,
is amended in Article 1 of Chapter 20, relating to general provisions relevant to personnel
administration, by adding a new Code section to read as follows:
<ins>"45-20-17.1.
(a) As used in this Code section, the term:
</ins>
<ins>(1) 'Bereavement leave' means leave an eligible employee is allowed to use for qualified
leave activities upon the death of an immediate family member.
(2) 'Eligible employee' shall have the same meaning as set forth in Code
Section 45-20-17. Such term shall include an eligible employee employed on an hourly
basis if he or she has worked a minimum of 700 hours over the six-month period
immediately preceding the requested leave date.
(3) 'Employing entity' shall have the same meaning as set forth in Code
Section 45-20-17.
(4) 'Extended compassionate leave' means leave an eligible employee is allowed to use
for qualified leave activities when an immediate family member dies by homicide or
suicide, is killed in action or is declared missing in action while serving in the United
States armed forces, or is reported as a missing person with local law enforcement.
(5) 'Immediate family member' means an eligible employee's child, spouse, grandchild,
grandparent, sibling, or parent, or any dependents as shown in such employee's most
recent tax return, or any such family member's spouse.
(6) 'Qualified leave activities' means permissible activities for which an eligible
employee may use bereavement leave or extended compassionate leave. Such activities
include, but are not limited to, making arrangements for, traveling to and from, and
attending the funeral or alternative to a funeral of an immediate family member; making
legal, financial, or other necessary arrangements related to the death or missing status of
an immediate family member; and attending mental health appointments with healthcare
providers regarding the death or missing status of an immediate family member.
(b) All eligible employees shall be entitled to use a maximum of three work days of paid
bereavement leave and ten work days of unpaid bereavement leave per calendar year, and
an employing entity shall provide such leave unless doing so would unduly disrupt such
entity's operations. Such leave shall be completed within 60 days of the date such
employee receives notice of the death of the immediate family member.
</ins>
<ins>(c) All eligible employees shall be entitled to use a maximum of four work weeks of
unpaid extended compassionate leave per calendar year, and an employing entity shall
provide such leave unless doing so would unduly disrupt such entity's operations. Such
leave shall be completed within one year of the date that such employee receives notice of
the death of an immediate family member, notice of the missing in action status of an
immediate family member, or the filing of a missing report of an immediate family
member.
(d) An eligible employee shall provide an employing entity with at least 48 hours' advance
notice of such employee's intention to use bereavement leave or extended compassionate
leave, unless providing such notice is not reasonable and practicable.
(e) An employing entity may require reasonable documentation of qualified leave
activities. Such documentation may include a death certificate, published obituary, or
written verification of death, burial, or memorial services from a mortuary, funeral home,
burial society, crematorium, religious institution, or government agency.
(f) Provided that the use of such leave under this Code section is not likely to unduly
disrupt the employing entity's operations, it shall be unlawful for an employing entity to
take an adverse employment action against an eligible employee because such employee
uses or attempts to use leave under this Code section, opposes practices which such
employee believes to be in violation of this Code section, or supports another employee
who uses or attempts to use leave under this Code section. Nothing in this subsection 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 leave under this Code section.
(g) An eligible employee who is entitled to paid or unpaid leave from employment
pursuant to federal, state, or local law, a collective bargaining agreement, or an
employment benefits program or plan may elect to substitute any period of such leave for
an equivalent period of bereavement leave or extended compassionate leave. If additional
</ins>
<ins>leave beyond the leave provided for in subsections (b) and (c) of this Code section is
necessary, an eligible employee may use other leave, subject to the approval of the
employing entity; provided, however, that the protections provided under subsection (f) of
this Code section shall only apply to bereavement leave and extended compassionate leave.
Unused bereavement leave and extended compassionate leave shall have no cash value at
the time of an eligible employee's separation from employment with an employing entity.
(h) Each employing entity shall promulgate rules for the administration of leave under this
Code section for eligible employees which are not in conflict with 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.
(i)(1) An eligible employee who has been the object of an adverse employment action
in violation of this Code section may institute a civil action in superior court for relief
within 180 days after the alleged prohibited conduct occurred.
(2) The court may order any or all of the following relief:
(A) An injunction restraining continued violation of this Code section;
(B) Reinstatement of such employee to the same position held before the adverse
employment action or to an equivalent position;
(C) Reinstatement of full fringe benefits and seniority rights;
(D) Compensation for lost wages, benefits, and other remuneration; and
(E) Reasonable attorney's fees, court costs, and expenses."
</ins> SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.