HB1118: HB1118 Public officers and employees; 120 hours of maternal birth leave; provide

26 LC 46 1432S/AP 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 Co de of Georgia Annotated,1 relating to general provisions relative to personnel administration, so as to provide a maternal2 birth leave for certain employees; to provide for definitions; to provide for rules,3 administration, and requirements; to provide for software and other related updates by the4 State Accounting Office to add maternal birth leave as a new be nefit leave category; to5 provide for eligibility; to provide for adverse employment acti on; to provide for notice; to6 provide for state holiday compensation during maternal birth le ave; to provide for related7 matters; to repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Article 1 of Chapter 20 of Title 45 of the Official Code of Geo rgia Annotated, relating to11 general provisions relative to personnel administration, is amended by adding a new Code12 section to read as follows:13 "45-20-23.14 (a) As used in this Code section, the term:15 (1) 'Eligible employee' means an individual who experiences a life event and who:16 H. B. 1118 - 1 - 26 LC 46 1432S/AP (A) Is an individual identified in subparagraph (A), (E), (F), (G), or (L) of17 paragraph (2) of Code Section 45-18-1 who is classified as full time by the applicable18 state employing entity; or19 (B) Is an individual identified in paragraph (4) of subsection ( a ) o f C o d e20 Section 20-2-880 or paragraph (3) of Code Section 20-2-910 who is classified as full21 time by the applicable local education agency.22 (2) 'Employing entity' means:23 (A) The executive, legislative, or judicial branch of state government; or24 (B) A local education agency.25 (3) 'Local education agency' shall have the same meaning as se t forth in Code26 Section 20-2-167.1.27 (4) 'Maternal birth leave' means a period of paid time off fro m work necessary to28 recuperate as a result of a qualifying life event.29 (5) 'Qualifying life event' means giving birth to one or more children in a single or30 multiple pregnancy.31 (b) All eligible employees of an employing entity shall be eligible for 120 hours of paid32 maternal birth leave for qualifying life events after six continuous months of employment33 with the employing entity regardless of whether the employee is eligible for paid or unpaid34 leave under federal law.35 (c) If taken, maternal birth leave shall only be taken during the three-week period36 immediately following the eligible employee's qualifying life event to recuperate from such37 birth and shall precede the taking of any paid parental leave authorized under Code Section38 45-20-17.39 (d) Unused paid maternal birth leave shall have no cash value at the time of the eligible40 employee's separation from employment with the employing entity.41 (e) Each employing entity shall promulgate rules for the administration of paid maternal42 birth leave under this Code section for eligible employees whic h are not in conflict with43 H. B. 1118 - 2 - 26 LC 46 1432S/AP this Code section; provided, however, that the State Personnel Board shall promulgate such44 rules for any employing entity that is considered a department or agency as such terms are45 synonymously defined in paragraph (6) of Code Section 45-20-2. At a minimum, such46 rules of the employing entity shall address:47 (1) Whether paid maternal birth leave under this Code section shall run concurrently with48 any leave provided under federal law; and49 (2) The documentation, if any, that an eligible employee shall be required to provide to50 establish the existence of a qualifying life event.51 (f) To implement paid maternal birth leave under this Code section, the State Accounting52 Office shall make any and all necessary adjustments to its curr ent and any future human53 capital management software, websites, and platforms used by pa rticipating employing54 entities to ensure that paid maternal birth leave appears as a new benefit leave category not55 later than October 1, 2026.56 (g) An eligible employee employed on an hourly basis shall be eligible for paid maternal57 birth leave under this Code section if such eligible employee has worked a minimum of 70058 hours over the six-month period immediately preceding the requested paid maternal birth59 leave date.60 (h) No employing entity shall interfere with, restrain, or deny the exercise of or the attempt61 to exercise the provisions of this Code section by any eligible employee. No employing62 entity shall discharge or in any other manner discriminate or retaliate against any eligible63 employee for lawfully exercising the provisions of this Code section. Notwithstanding any64 other provision of this Code section, nothing shall prevent an employing entity from taking65 an adverse employment action against an eligible employee who s u b m i t s a f a l s e o r66 fraudulent document or otherwise provides false or fraudulent information in an attempt67 to obtain paid maternal birth leave under this Code section.68 (i) If a paid state holiday takes place during the eligible employee's maternal birth leave,69 such eligible employee shall only be compensated for the state holiday.70 H. B. 1118 - 3 - 26 LC 46 1432S/AP (j) The employing entity shall provide notice of the benefits provided under this Code71 section to each eligible employee upon hiring and annually thereafter."72 SECTION 2.73 All laws and parts of laws in conflict with this Act are repealed.74 H. 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