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Maternity leave in Georgia

What you get in Georgia when you have a baby: job-protected time off, ways to get paid, and the state laws that protect you at work.

Checked October 2026 · 25 sources · Not legal advice

Short answer

Georgia has no state paid leave program, so most new moms combine unpaid FMLA leave (12 weeks, if you qualify) with short-term disability and paid time off. No Georgia law requires employers to give maternity leave.

Georgia at a glance

Checked October 2026. Details and sources below.

What you get in Georgia

Georgia doesn't run a paid family leave program, and no federal law requires private employers to pay for maternity leave. What you can count on depends on where you work: FMLA's 12 weeks of unpaid, job-protected leave if you qualify, plus whatever your employer pays.

No Georgia law requires employers to give maternity leave. Georgia's Family Care Act lets employees who work 30 or more hours a week, at employers with 25 or more employees (including state and local government) that provide paid sick leave, use up to 5 days a year of earned sick leave to care for an immediate family member such as a child. It doesn't require employers to offer sick leave, and employers with an employee stock ownership plan are exempt (O.C.G.A. § 34-1-10, 2017; made permanent by Act 90 of 2023).

State disability programs in California and New York pay for 6 weeks of recovery after a vaginal birth and 8 after a C-section, longer with complications. After recovery, time off to bond with your baby is unpaid unless you use paid time off or your employer offers paid parental leave.

Sources: Electronic Code of Federal Regulations (National Archives); California Employment Development Department (EDD); New York State Workers’ Compensation Board; U.S. Department of Labor. Data as of October 2026.

A typical leave with FMLA, week by week

Vaginal birth12 weeks

C-section12 weeks

  • Recovery
  • Unpaid, job-protected
Assumes you qualify for FMLA and start leave at the birth. Recovery weeks are paid only through short-term disability or paid time off; the rest of the 12 weeks is unpaid unless your employer pays.

Do you qualify for FMLA?

You qualify if you've worked for the employer at least 12 months and 1,250 hours in the past 12 months, at a worksite where the employer has 50+ employees within 75 miles. Public agencies and schools are covered at any size.

50+

employees within 75 miles of your worksite (public employers and schools of any size)

12 mo

with your employer, not necessarily in a row

1,250

hours worked in the past 12 months, about 24 a week

12 wk

of unpaid, job-protected leave, with your health coverage kept

Sources: Electronic Code of Federal Regulations (National Archives); U.S. Department of Labor; U.S. Equal Employment Opportunity Commission

Getting paid during maternity leave in Georgia

Your pay while you're out comes from these sources, usually in combination.

  • Short-term disability

    If your employer offers short-term disability, or you have your own policy, it can pay part of your wages while you recover from the birth. Employer plans set their own percent of pay and number of weeks, so ask HR for the plan document. How short-term disability works for pregnancy

  • Paid time off and sick leave

    No federal law requires private employers to give paid family, maternity or parental leave. FMLA leave is unpaid, though workers can use paid leave they've earned, and the Fair Labor Standards Act doesn't require pay for time not worked. Check how many PTO and sick days you'll have saved by your due date.

    Sources: Electronic Code of Federal Regulations (National Archives); U.S. Department of Labor

  • A family leave insurance policy

    No voluntary paid family leave insurance law found as of October 2026.

    Sources: Mercer Law & Policy Group; Tilt

  • If you work for the state of Georgia

    Georgia gives full-time executive-branch state employees up to 240 hours (6 weeks at 40 hours a week) of paid parental leave in a 12-month period for a birth, adoption or foster placement. Employees who give birth also get up to 120 hours (3 weeks) of paid maternal birth leave in the 3 weeks after delivery. Salaried staff qualify after 6 months on the job and hourly staff after 700 hours in 6 months (O.C.G.A. §§ 45-20-17 and 45-20-23; State Personnel Board Rule 478-1-.16, revised Aug. 2026). The same paid parental leave law also covers full-time public school employees through their local boards of education (O.C.G.A. § 45-20-17, Act 225 of 2021).

    Sources: Georgia Department of Administrative Services; Georgia General Assembly

  • If you're a federal employee

    Federal civilian employees covered by title 5 FMLA can get up to 12 weeks of paid parental leave for each birth or adoption/foster placement on or after Oct. 1, 2020, used within 12 months after the birth or placement. It requires 12 months of qualifying federal service and is separate from sick and annual leave.

    Source: U.S. Office of Personnel Management

Your rights at work in Georgia

State laws on leave, pregnancy accommodations and pumping, checked October 2026. Federal law (FMLA, the Pregnant Workers Fairness Act and the PUMP Act) applies on top of these.

  • Leave and pregnancy rules

    State law

    No Georgia law requires employers to give maternity leave. Georgia's Family Care Act lets employees who work 30 or more hours a week, at employers with 25 or more employees (including state and local government) that provide paid sick leave, use up to 5 days a year of earned sick leave to care for an immediate family member such as a child. It doesn't require employers to offer sick leave, and employers with an employee stock ownership plan are exempt (O.C.G.A. § 34-1-10, 2017; made permanent by Act 90 of 2023).

    Sources: Georgia Department of Labor; Georgia General Assembly

  • Pregnancy accommodations

    Federal only

    No state pregnancy accommodation law found as of October 2026. Federal PWFA rules apply.

    Sources: A Better Balance; Georgia Department of Administrative Services

  • Pumping at work

    State law

    Georgia requires employers with one or more employees to give reasonable break time to pump at work, paid at the employee's regular rate, and a private place other than a restroom. Employers with fewer than 50 employees are excused where this would cause undue hardship, and state and local government employers aren't covered by this law (O.C.G.A. § 34-1-6).

    Sources: FindLaw (reproduction of the Official Code of Georgia Annotated); National Conference of State Legislatures

Guides

Paternity leave in Georgia

Georgia has no law that pays fathers or partners for bonding leave. If they qualify, FMLA gives them up to 12 weeks of unpaid, job-protected leave to care for the newborn, under the same rules as moms. Employer paid parental leave and paid time off are the usual ways to get paid.

State employees: Georgia gives full-time executive-branch state employees up to 240 hours (6 weeks at 40 hours a week) of paid parental leave in a 12-month period for a birth, adoption or foster placement. Employees who give birth also get up to 120 hours (3 weeks) of paid maternal birth leave in the 3 weeks after delivery. Salaried staff qualify after 6 months on the job and hourly staff after 700 hours in 6 months (O.C.G.A. §§ 45-20-17 and 45-20-23; State Personnel Board Rule 478-1-.16, revised Aug. 2026). The same paid parental leave law also covers full-time public school employees through their local boards of education (O.C.G.A. § 45-20-17, Act 225 of 2021).

Sources: Electronic Code of Federal Regulations (National Archives); Georgia Department of Administrative Services; Georgia General Assembly

12 wk

unpaid, job-protected FMLA leave for an eligible father or partner

$0

paid by Georgia law to a father or partner

Your maternity leave, step by step

  1. During pregnancy

    Ask HR for the leave policy, the short-term disability plan document, and whether you qualify for FMLA. Tell your employer your expected dates as early as you can, and check how much paid time off you'll have.

  2. From the birth: recovery

    File your short-term disability claim if you have coverage. California's and New York's disability programs count 6 weeks of recovery after a vaginal birth and 8 after a C-section; your provider can certify more for complications.

  3. To week 12: bonding

    FMLA's job protection runs 12 weeks in all. After recovery, this time is unpaid unless you use paid time off or your employer pays parental leave.

  4. Back at work

    If you're pumping: Georgia requires employers with one or more employees to give reasonable break time to pump at work, paid at the employee's regular rate, and a private place other than a restroom. Employers with fewer than 50 employees are excused where this would cause undue hardship, and state and local government employers aren't covered by this law (O.C.G.A. § 34-1-6).

Questions about maternity leave in Georgia

How long is maternity leave in Georgia?

No Georgia law requires paid maternity leave. If you qualify for FMLA, you get up to 12 weeks of unpaid, job-protected leave. No Georgia law requires employers to give maternity leave. How much of that time is paid depends on your short-term disability coverage, your saved paid time off and your employer's own leave policy.

Does Georgia have paid family leave?

No. Georgia has no paid family leave program and no law on family leave insurance, so pay during leave comes from your employer.

Do I qualify for FMLA?

You qualify if you've worked for the employer at least 12 months and 1,250 hours in the past 12 months, at a worksite where the employer has 50+ employees within 75 miles. Public agencies and schools are covered at any size.

Does Georgia require pregnancy accommodations at work?

No state pregnancy accommodation law found as of October 2026. Federal PWFA rules apply. The Pregnant Workers Fairness Act requires employers with 15 or more employees to provide reasonable accommodations for limitations related to pregnancy, childbirth or related conditions unless it causes undue hardship. EEOC lists leave for health care appointments and leave to recover from childbirth as examples. It doesn't require the leave to be paid.

Is there paternity leave in Georgia?

Georgia has no law that pays fathers or partners for bonding leave. If they qualify, FMLA gives them up to 12 weeks of unpaid, job-protected leave to care for the newborn.

Do Georgia state employees get paid parental leave?

Georgia gives full-time executive-branch state employees up to 240 hours (6 weeks at 40 hours a week) of paid parental leave in a 12-month period for a birth, adoption or foster placement. Employees who give birth also get up to 120 hours (3 weeks) of paid maternal birth leave in the 3 weeks after delivery. Salaried staff qualify after 6 months on the job and hourly staff after 700 hours in 6 months (O.C.G.A. §§ 45-20-17 and 45-20-23; State Personnel Board Rule 478-1-.16, revised Aug. 2026). The same paid parental leave law also covers full-time public school employees through their local boards of education (O.C.G.A. § 45-20-17, Act 225 of 2021).

More for new parents in Georgia

Sources

  1. 1.State Family and Medical Leave Laws (updated November 7, 2025) National Conference of State Legislatures. Accessed October 9, 2026.
  2. 2.State paid family and medical leave contributions and benefits (Feb. 6, 2026) Mercer Law & Policy Group. Accessed October 9, 2026.
  3. 3.State Paid Family & Medical Leave Insurance Laws (chart, April 2026) National Partnership for Women & Families. Accessed October 9, 2026.
  4. 4.The United States Leave Law Report, Vol. 12 (July 28, 2026) Tilt. Accessed October 9, 2026.
  5. 5.Individuals FAQs - Fair Labor Standards Act Georgia Department of Labor. Accessed October 9, 2026.
  6. 6.29 CFR 825.110 Eligible employee Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  7. 7.State Pregnant Workers Fairness Laws (updated Dec. 1, 2025) A Better Balance. Accessed October 9, 2026.
  8. 8.State Personnel Board Rule 478-1-.03, Antidiscrimination Georgia Department of Administrative Services. Accessed October 9, 2026.
Show all 25 sources
  1. 9.Georgia Code 34-1-6 (expression of breast milk at work), current as of March 28, 2024 FindLaw (reproduction of the Official Code of Georgia Annotated). Accessed October 9, 2026.
  2. 10.State Legislative Action: Breastfeeding (updated June 4, 2026) National Conference of State Legislatures. Accessed October 9, 2026.
  3. 11.State Personnel Board Rule 478-1-.16, Absence from Work (revised Aug. 28, 2026) Georgia Department of Administrative Services. Accessed October 9, 2026.
  4. 12.SB 201 (2017), as passed: use of sick leave for care of immediate family members (O.C.G.A. § 34-1-10) Georgia General Assembly. Accessed October 9, 2026.
  5. 13.SB 61 (2023), as passed: repeal of the sunset on O.C.G.A. § 34-1-10 (Act 90, signed May 1, 2023) Georgia General Assembly. Accessed October 9, 2026.
  6. 14.HB 146 (2021), as passed: paid parental leave for eligible state employees and local board of education employees (O.C.G.A. § 45-20-17; Act 225) Georgia General Assembly. Accessed October 9, 2026.
  7. 15.29 CFR 825.100 The Family and Medical Leave Act Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  8. 16.29 CFR 825.104 Covered employer Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  9. 17.29 CFR 825.200 Amount of leave Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  10. 18.29 CFR 825.214 Employee right to reinstatement Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  11. 19.Family and Medical Leave Act (FMLA) U.S. Department of Labor. Accessed October 9, 2026.
  12. 20.What You Should Know About the Pregnant Workers Fairness Act U.S. Equal Employment Opportunity Commission. Accessed October 9, 2026.
  13. 21.The Pregnant Workers Fairness Act (42 U.S.C. 2000gg) U.S. Equal Employment Opportunity Commission. Accessed October 9, 2026.
  14. 22.Vacation Leave U.S. Department of Labor. Accessed October 9, 2026.
  15. 23.Fact Sheet: Paid Parental Leave U.S. Office of Personnel Management. Accessed October 9, 2026.
  16. 24.Disability Insurance – Pregnancy FAQs California Employment Development Department (EDD). Accessed October 9, 2026.
  17. 25.Introduction to the Disability Benefits Law (employee disability benefits) New York State Workers’ Compensation Board. Accessed October 9, 2026.

Maternity leave in other states

No state program

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