Frequently Asked Questions
Family and Medical Leave Act (FMLA)
What is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act of 1993 is a federal law that provides covered employees with the right to an unpaid leave of absence for up to 12 workweeks within a 12-month period to assist eligible employees with balancing work/life demands by providing job-protected time off from work for qualifying reasons. There is a provision expanding the leave to 26 workweeks during a single 12-month period to care for certain family members whose serious injury or illness was incurred or aggravated in the line of active military duty
Which employees are eligible to take FMLA leave?
Employees are eligible for FMLA leave if they
- have been employed by the State of Georgia for a total of at least 12 months,
- have worked at least 1,250 hours for the State of Georgia in the 12 months immediately before the start date of FMLA leave,
- have a qualifying reason for the absence (as outlined in section (5) of State
Personnel Board Rule 478-1-.23, Family and Medical Leave), and - have not already exhausted the available FMLA leave entitlement for the 12-month period.
Time worked for the State of Georgia in any employment capacity will count toward meeting the eligibility requirements. Such employment includes full-time, part-time, temporary, seasonal, and sporadic employment, whether paid on a salaried or hourly basis, and previous employment with a temporary services agency on assignment with the State.
The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave. In general, employment before a break in service of seven or more years is not counted, unless the break in service is due to an employee's fulfillment of military obligations.
Are paid leave time and other absences from work counted toward the 1,250-hour requirement?
No. Only those hours actually worked for the employer are counted toward the 1,250-hour requirement. Paid and unpaid leave time, including FMLA leave, holidays, and periods of suspension and furlough, is not counted.
When is an employee entitled to FMLA leave?
Eligible state employees are entitled to up to 12 workweeks of unpaid leave
during a rolling 12-month period, measured backward from the date an employee
uses any FMLA leave, for any one or combination of the following reasons:
during a rolling 12-month period, measured backward from the date an employee
uses any FMLA leave, for any one or combination of the following reasons:
- for the birth and care of the newborn child of the employee within 12 months of the child’s birth;
- when a child under the age of 18 is placed with an employee for adoption or foster care, for preliminary activities required for the placement and during the first 12 months after placement;
- to care for a spouse, child, or parent (not including in-laws) with a serious health condition (meaning inpatient care or continuing medical treatment, as detailed in Section (3) of State Personnel Board Rule 478-1-.23, Family and Medical Leave);
- when the employee is unable to work because of his or her own serious health condition (defined as noted above); or
- for any qualifying exigency arising out of deployment or notice of deployment of the employee’s spouse, child, or parent (not including in-laws) to a foreign country as a member of the regular Armed Forces or as a result of a federal call to active National Guard or Reservist military duty in support of a contingency operation (typically during a war or declared national emergency).
An eligible employee is entitled to take up to 26 workweeks of FMLA leave during a single 12-month period to care for a covered service member undergoing medical treatment, recuperation, therapy, or outpatient services, or who is otherwise on the temporary disability retired list, for a serious injury or illness received or aggravated in the line of active military duty. For this type of FMLA leave, the 12-month period begins on the first day the employee takes leave and ends 12 months later.
How much leave is an employee entitled to under the FMLA?
If an employee meets the eligibility criteria, he or she will be entitled to up to 12 workweeks of leave during a 12-month period for most types of FMLA leave, or up to 26 workweeks if leave is taken to care for a covered service member.
Do employees have to specifically request FMLA leave in order to be entitled to it?
No. Employees seeking FMLA leave need not specifically ask for it. The responsibility of the employee is to give the employer enough information for the employer to know that the leave may be covered by the FMLA. At that point, it is the employer’s obligation to inquire further in order to decide whether the leave falls within FMLA eligibility.
It is often misunderstood that FMLA leave is like an accrual that may be “banked” and used at the employee’s discretion. Actually, the FMLA allows (and arguably requires) an employer to designate qualifying leave as FMLA-covered even though an employee may not want to “use” FMLA leave.
An eligible employee is entitled to use available paid leave, state compensatory time, or FLSA compensatory time to continue to receive compensation from the agency during FMLA leave. Use of paid leave must comply with State Personnel Board Rule 478-1-.16, Absence from Work. Any period of FMLA leave not covered by available paid leave or compensatory time will be without pay.
What is the relationship between FMLA leave and workers’ compensation?
Employee rights under the FMLA and workers’ compensation are concurrent. An employee with an on-the-job injury that also qualifies as a serious health condition may use FMLA leave while receiving state workers’ compensation benefits. However, employees cannot receive workers’ compensation wage loss benefits and paid leave concurrently. (See also Section (5) (e) of State Personnel Board Rule 478-1-.16, Absence from Work.)
May an employee take FMLA leave intermittently?
An eligible employee is entitled to take FMLA leave in separate blocks of time, rather than as a continuous absence, or as a reduced work schedule,
- when such is certified as medically necessary for a serious health condition of the employee, spouse, child, or parent;
- when certified as medically necessary to care for a covered service member’s serious injury or illness;
- for a qualifying exigency arising out of a spouse’s, child’s, or parent’s military duty; or
- when required for preliminary activities needed for an adoption or foster care placement to proceed.
State employers can choose to allow their eligible employees to use FMLA leave on an intermittent or reduced schedule basis for other reasons, such as to care for a healthy newborn or newly placed child. Employees are expected to work with their employer to schedule intermittent leave, when possible, so that it does not unduly disrupt work operations. In some instances, the employer may elect to assign the employee to a temporary alternative position with equivalent pay and benefits that better accommodates the employee’s intermittent or reduced leave schedule.
Paid Parental Leave
What is the effective date of the paid parental leave law?
The state law establishing paid parental leave for eligible state employees becomes effective July 1, 2021.
Is PPL retroactive?
Paid parental leave cannot be granted for absences prior to July 1, 2021, but leave can be taken based on a
qualifying event that occurs prior to the effective date of the state law. Leave must be taken in the 12-month
period following the initial qualifying event.here...
qualifying event that occurs prior to the effective date of the state law. Leave must be taken in the 12-month
period following the initial qualifying event.here...
If an employee qualifies for both PPL and FMLA leave, what is the total number of weeks that can be taken?
Rule 16 includes the following provision:
If an employee eligible for paid parental leave is also eligible for leave under the federal Family and Medical Leave Act (FMLA) (see Rule 478-1-.23, Family and Medical Leave), an agency may, by written policy, require paid parental leave to run concurrently with FMLA leave.
If the agency adopts such a policy, and the employee is eligible for FMLA leave at the time PPL begins, the total of PPL and FMLA leave could not exceed 12 weeks. However, because an employee is eligible for PPL before he or she becomes eligible for FMLA leave, a new employee who takes PPL prior to becoming eligible for FMLA leave may be entitled to as much as 15 weeks.
If an employee is eligible for FMLA leave for birth, adoption, or foster care placement and also has accrued leave to apply to the absence, in what order should the agency apply paid leave? Should the agency apply PPL before accrued paid leave?
An agency should accommodate an employee’s preference of order between the use of accrued leave or PPL to cover the FMLA-eligible absence for the birth, adoption, or foster care placement of a child. If an employee expresses no preference of order, PPL should be applied first.
Will there be a PPL leave code for use in Base Benefits?
Yes. These adjustments will be made by the effective date of the statute, July 1, 2021. More information will be
provided by SAO.
provided by SAO.
Will the leave management system load PPL the way it loads education support leave?
No. PPL is not based on the fiscal year, so the leave will not automatically appear in the system at the beginning of each fiscal year.
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State Personnel Board Rule 23, Family and Medical Leave, contains a statement that for the purpose of eligibility determination, the state is considered one employer. Is that the same for PPL?
Yes. An employee could combine service across more than one employing entity to meet the eligibility
requirement.
requirement.
Is an eligible employee limited to a maximum allotment of 120 hours of PPL in a 12-month period if transferring to another employing entity within the state, or would the 120 hours start over each time an eligible employee transfers?
An eligible employee is limited to a maximum allotment of 120 hours of PPL in a 12-month period even when transferring to another employing entity within the state. As a result, it is the responsibility of the employer to conduct due diligence to ensure that the employee has not used his or her 120-hour allotment prior to approving the request for leave.
State Personnel Board Rule 23, Family and Medical Leave, has a spousal limitation clause. Will that apply to PPL as well, or can a state-employed couple use a maximum of 120 hours each?
State law contains no spousal limitation on the amount of PPL, so married state employees could be eligible
for a combined total of 240 hours of PPL. The 12-week combined total of FMLA leave still applies, however,
and the agency may, by written policy, require PPL to run concurrently with FMLA leave.
for a combined total of 240 hours of PPL. The 12-week combined total of FMLA leave still applies, however,
and the agency may, by written policy, require PPL to run concurrently with FMLA leave.
Can an eligible employee take PPL for prenatal medical appointments?
No. Under FMLA, prenatal care appointments (as well as incapacity due to morning sickness and medically required bedrest) are considered serious health conditions for which the mother is taking time off. The state law establishing PPL specifies only the following three qualifying events:
(a) birth of the employee’s child,
(b) placement of a minor child for adoption with the employee, and
(c) placement of a minor child for foster care with the employee.
(b) placement of a minor child for adoption with the employee, and
(c) placement of a minor child for foster care with the employee.
Prenatal care appointments and absences due to medical conditions during pregnancy do not fall under the qualifying event of the birth of a child. ere...
Does PPL apply toward the 1,250 hours of work necessary for eligibility for FMLA leave?
No. State Personnel Board Rule 23, Family and Medical Leave, states that “holidays and time spent on paid or
unpaid leave or suspension do not count toward the 1,250 hours.”...
unpaid leave or suspension do not count toward the 1,250 hours.”...
May an agency require an employee to take PPL only in a continuous block?
No. Although an agency may have a policy that requires FMLA leave for the birth of a child or placement of a child for adoption or foster care to be taken in a continuous block, the state law establishing PPL contains no such limitation.
Is there a limitation on approving PPL to be taken on an intermittent basis?
Paid parental leave, whether taken in a continuous block or on an intermittent or reduced-schedule basis, must be taken within 12 months of the initial qualifying event.
Is PPL prorated for hourly employees?
No. The state law does not provide that leave for hourly employees must be prorated. All eligible employees may use up to 120 hours of PPL.
Can an employee receive PPL while on short-term disability?
The State’s short-term disability provider has indicated that an employee cannot be paid for short-term disability and PPL at the same time. See Appendix A on the following page which contains a memo from the State’s short-term disability provider.
Pay
When am I paid?
Teachers are paid on a monthly basis. The pay cycle begins in August and ends in July of the following year.
Positions with overtime, such as bus drivers, are paid on the 15th of the month.
Teachers
Is an Educator certificate required in Georgia?
Yes. Any professional serving in the public schools must hold a current valid certificate appropriate to the field of employment.
For information on eligibility, reciprocity, testing requirements, and applications, please visit the GaPSC website or contact the Commission directly at:
Georgia Professional Standards Commission
200 Piedmont Ave NE, Suite 1712
Atlanta, Georgia 30334-9032
Atlanta, Georgia 30334-9032
The GaPSC accepts phone calls Monday, Wednesday, and Friday from 8:00-4:30
(404) 232-2500 or 1-800-869-7775
Begin the process by creating your MyPSC account with the Georgia Professional Standards Commission (GaPSC)
Find information for the following types of certificates:
What tests do I need to obtain a Georgia Teaching certificate?
Applicants must take and pass the GACE Content Assessment appropriate to the certification field(s). Registration information is available on the GACE website.
How do I receive credit for my military service?
In order to receive credit for military service, a copy of the employee’s DD214 must be submitted. The employee may receive up to three years credit for active military service in the armed forces of the United States.
How do I verify my teaching experience?
Our district uses Verifent to verify previous experience. Click here to access Verifent. Forms must be received within the current fiscal / school year for any salary adjustment to be made during that year. A salary adjustment will not be made to a previous fiscal year.
How do I apply for a teaching position?
Follow the instructions for applying here: Application Instructions
Once you submit your application, check our vacancy list here: Certified Vacancy List. The position(s) that you are interested in will have the email of the hiring principal/director next to them. Email the hiring principal/director and let them know you have submitted an application. Your application is good for up to 1 year in our system.
Please explain the Teacher Salary Schedule.
The Teacher Salary Schedule can be found here.
Our district determines your pay by looking at your level of certification and years of teaching experience. Your experience is verified through the experience verification forms you were sent.
On the left side of the Teacher Salary Schedule, locate your level of degree and certification
- T-2 = Associate's Degree and/or is a part of our CTAE program.
- BT-4 = Bachelor's Degree and in a teacher certification program
- T-4 = Bachelor's Degree + Teaching Certificate
- BT-5 = Master's Degree and in a teacher certification program
- T-5 = Master's Degree + Teaching Certificate
- BT-6 = Specialist Degree and in a teacher certification program
- T-6 = Specialist Degree + Teaching Certificate
- BT-7 = Doctorate Degree and in a teacher certification program
- T-7 = Doctorate Degree + Teaching Certificate
At the top of the Teacher Salary Schedule are E, 1, 2, 3, and so on; these represent your years of completed teaching experience.
- Step E is the first year of teaching, also known as year 0. We pay based on completed years of teaching experience.
State of Georgia Teaching Incentive
For first-time educators teaching in the state of Georgia out of college, the state offers an incentive. After your first full-time year of teaching, if you receive a satisfactory evaluation and worked at least 63% of your contracted days, you will be advanced two years on the scale your second year of teaching.
For example, your first year you are set at step E, your next school year instead of going to Step 1 you will advanced to Step 3. The way we write it would be you have one year of experience but are paid on three years. For those coming from out of state, the state incentive does not apply but we match year per year of full-time experience.
Guaranteed Step
Each year, you are guaranteed to advance a step on our scale, as long as you meet the following criteria:
- a satisfactory evaluation
- worked at least 63% of your contracted days
- and are full-time teacher.