1006 Absence from Work

Georgia State Seal

Georgia Department of Human Services
Human Resources Policy #1006

Absence from Work

Release Date:

February 1,1993

Revised Date:

May 15, 2025

Next Review Date:

May 14, 2027

References:

Rules of the State Personnel Board 478-1-.16 — Absence from Work
O.C.G.A. §38-3-90 et seq. — Disaster Volunteer Leave
O.C.G.A. §45-20-31 — Organ/Bone Marrow Donation Leave
O.C.G.A. §45-20-30 — Blood Donation Time
O.C.G.A. §1-4-1 — Holidays
O.C.G.A. §21-2-404 — Voting Leave
O.C.G.A. §34-1-3 — Court Leave

The Department of Human Services (DHS) recognizes value in providing a reasonable amount of time off to assist employees with balancing work and personal needs. To be a responsible steward of public funds, however, the State must account for any pay provided to employees for time not worked. Paid time off must be charged to appropriate accrued leave, compensatory time (as applicable), or paid holiday time. This policy defines the available types of paid and unpaid leave and the eligibility for each. It further provides a framework for leave, compensatory time, and holiday administration.

Section A: Definitions

  1. For the purposes of this policy, the following terms and definitions apply in addition to those in Rules of the State Personnel Board 478-1-.02, Terms and Definitions:

    1. “Immediate family” means the employee’s spouse, child, parent, grandparent grandchild, brother, and sister, including active step and in-law relationships. Immediate family also includes any other person who resides in the employee’s household and is recognized by law as a dependent of the employee.

    2. “Workday” means a day an employee is regularly scheduled to work.

Section B: General Provisions

  1. Absences from work will be charged to available compensatory time (as applicable), annual, sick, or personal leave only on days on which eligible employees would otherwise work and receive pay.

  2. Employees who are away from their regular worksite on official business are in work status and are not charged leave.

  3. Employees are to be charged leave only for the time during which they are absent from work.

  4. Leave cannot be used before it is accrued or converted.

    All leave related requests will be assessed in accordance with DHS Policies 1005: Family and Medical Leave and 1006: Absence from Work, unless the Office of Human Resources (OHR) determines that your request pertains to the provisions outlined in DHS Policies 1701-1704.

Section C: Annual Leave Accrual

  1. Non-temporary salaried employees who are regularly scheduled to work twenty (20) or more hours per week, are eligible to accrue annual leave as defined in this policy.

  2. The following employees are not eligible to accrue annual leave:

    1. Temporary employees,

    2. Hourly employees, and,

    3. Active, salaried, non-temporary employees who are rehired retirees of the Employees’ Retirement System of Georgia while receiving retirement annuity payments during the first 1,040 hours of work performed in the calendar year.

  3. Eligible employees accrue annual leave at the end of each pay period provided they are in pay status for the required amount of time. Accrued annual leave will be available for use at the beginning of the pay period after it is earned.

  4. Eligible full-time employees accrue annual leave at the end of each semi-monthly pay period provided they are in pay status for at least forty (40) hours. This minimum period is prorated for part-time employees by the percentage of time worked. The percentage of time worked is determined by dividing the scheduled work hours per work week by forty (40).

  5. Eligible employees who are not in pay status for the minimum amount of time in a pay period do not accrue annual leave for that pay period.

  6. Eligible employees accrue annual leave at the following rates, depending on length of continuous service:

    1. Full-time employees:

      1. 5 hours per pay period: 0 to 60 months (semimonthly)

      2. 6 hours per pay period: 60+ to 120 months (semimonthly)

      3. 7 hours per pay period: 120+ months (semimonthly)

    2. Eligible employees begin accruing annual leave at the appropriate higher rate on the first day of the pay period after completing the required months of continuous service.

    3. The “length of continuous service” begins on the first day an employee reports for work in a position entitled to earn leave. Accrual is based on continuous, unbroken service. If there is a break in service, the "length of continuous service" starts over on the date of rehire, and employees begin to accrue annual leave at the lowest semi-monthly accrual rate.

    4. When the first day of the pay period is a regularly scheduled non-workday and an employee reports to work on the first workday of the pay period, the length of continuous service is calculated from the first day of the pay period.

    5. Eligible part-time employees accrue annual leave at the end of each semi-monthly pay period at the rates specified for full-time employees prorated by the percentage of time worked. Leave is carried to three (3) decimal places. (e.g., An employee in pay status for thirty [30] hours per week accrues 75% of the full-time accrual amount.)

  7. Eligible employees can accumulate up to a maximum of 360 hours of annual leave. Any annual leave in excess of 360 hours is placed in a forfeited status but may be restored in cases of illness or disability. Leave accrued beyond 360 hours is forfeited at the close of business on the last day of the month as outlined in Section F.

Section D: Annual Leave Usage

  1. Annual leave may be used for any purpose.

  2. Unless an emergency exists, employees must request and receive approval from their supervisors before using annual leave.

  3. Employees are responsible for planning time off well in advance and notifying their supervisor as soon as possible in order to minimize the interruption to workflow while employees are away.

  4. Employees are not required to give specific reasons for requesting annual leave unless a situation such as the following applies:

    1. The leave is for an unscheduled/emergency absence,

    2. The DHS organizational unit is short staffed or has a major assignment pending, or,

    3. The employees are under the restrictions of an Attendance Plan.

  5. Employees are required to use Fair Labor Standard Act (FLSA) compensatory time (as applicable) before using annual leave.

  6. Employees cannot use annual, sick, or personal leave during periods of absence in which they are receiving state-funded wage substitutes, including, but not limited to Workers' Compensation benefits.

Section E: Requesting Annual Leave

  1. Annual leave request must be submitted to an employee’s supervisor.

  2. Supervisors are responsible for approving annual leave requests. Prior to approving requests for annual leave, they must consider factors, including, but not limited to:

    1. workloads,

    2. deadlines,

    3. priorities,

    4. office coverage, and,

    5. leave requested by other employees.

  3. Supervisors should make reasonable efforts to grant employees’ annual leave requests. However, supervisors are not required to grant requested annual leave when the leave would:

    1. disrupt work schedules,

    2. leave an office uncovered,

    3. inconvenience the workforce or public, or,

    4. contribute to employees' not meeting performance expectations.

  4. Emergency annual leave requests should be reviewed on a case-by-case basis. Supervisors must work with their designated Human Resources Representative to determine whether the absence will be charged to annual leave or unauthorized leave without pay.

Section F: Annual Leave Lump Sum Payment and Annual Leave Payout

  1. An annual leave payout can occur when an employee request and is granted a leave of absence without pay for at least thirty (30) calendar days or more. If granted the employee may be paid in lump sum for all accrued and unused annual leave that has not been forfeited, up to a maximum of 360 hours.

  2. When employees have a break in service, all accrued and unused annual leave that has not been forfeited, up to a maximum of 360 hours, will be paid in lump sum to the employees. A “break in service” is a separation from service for a period of one or more days. Leave of absence without pay and suspensions are not considered breaks in service.

  3. When a separation date has been set administratively to permit employees to be paid in lump sum payment, the pay status of employees will not be extended for the purpose of granting a holiday or an unanticipated non-workday occurring after the last day in pay status.

  4. When employees notify supervisors of their resignation date, they must not be continued on the payroll in leave with pay status for the purpose of increasing the rate of leave accrual or the rate at which accrued leave would be paid.

  5. Lump sum payments are paid at the salary last received by employees.

  6. Forfeited annual leave is not considered lump sum leave and is lost when there is a break in service.

  7. If employees return to State government, forfeited annual leave may be used for retirement credit purposes.

Section G: Sick Leave Accrual

  1. Non-temporary salaried employees who are regularly scheduled to work twenty (20) or more hours per week, are eligible to accrue sick leave as defined in this policy.

  2. The following employees are not eligible to accrue sick leave:

    1. temporary employees,

    2. hourly employees, and

    3. Active, salaried, non-temporary employees who are rehired retirees of the Employees’ Retirement System of Georgia while receiving retirement annuity payments during the first 1,040 hours of work performed in the calendar year.

  3. Eligible employees accrue sick leave at the end of each pay period provided they are in pay status for the required amount of time. Accrued sick leave will be available for use at the beginning of the pay period after it is earned.

  4. Eligible full-time employees accrue five (5) hours of sick leave at the end of each semi-monthly pay period provided they are in pay status for at least forty (40) hours. The accrual rate does not increase with years of service.

  5. The rate of accrual and minimum period during which part-time employees must be in pay status in order to accrue sick leave at the end of the pay period are prorated by the percentage of time worked. Leave is carried to three (3) decimal places.

  6. Eligible employees who are not in pay status for the minimum amount of time in a pay period do not accrue sick leave for that pay period.

  7. Eligible employees can accumulate up to a maximum of 720 hours of sick leave. Any sick leave in excess of 720 hours is placed in a forfeited status but may be restored in cases of illness or disability. Leave accrued beyond 720 hours is forfeited at the close of business on the last day of the month.

Section H: Sick Leave Usage

  1. Upon receiving supervisory approval, an employee may use sick leave for absences due to the following:

    1. Personal illness, injury or disability,

    2. Adoption of child by the employee when the employee’s presence is required for health-related reasons;

    3. Dental or medical care;

    4. Dental or medical care, illness, accident, or death in the immediate family which requires the employee’s presence. “Immediate family” means the employee’s spouse, child, parent, grandparent, grandchild, brother, and sister, including active step and in-law relationships. Immediate family also includes any other person who resides in the employee’s household and is recognized by law as a dependent of the employee.

    5. Exposure to contagious disease, when attendance on duty would endanger the health of others.

      Generally, sick leave due to the death of an immediate family member should not exceed five (5) workdays unless the employee is under the care of a healthcare provider due to a serious health condition (i.e., depression, etc.).

  2. Sick leave for medical or dental care should be limited to the time necessary for the appointment(s) and related travel.

  3. Employees who are injured/ill for at least three (3) workdays during a period of annual leave may substitute sick leave for annual leave during the period of injury/illness.

    1. In order to substitute sick leave for annual leave, employees must submit a request to their supervisor and designated Human Resources Representative within two (2) weeks of returning to work.

    2. The designated Human Resources Representative may request that the employee provide a statement from their healthcare provider that justifies the use of sick leave.

    3. No substitution will be allowed for illness that does not last for three (3) or more workdays.

  4. Employees who are receiving Short-term or Long-term Disability Insurance benefits through the Flexible Benefits Program cannot simultaneously utilize sick leave. Employees must request to use FLSA compensatory time (as applicable), annual leave or be placed in a leave without pay status in order to receive Short-term or Long-term Disability Insurance payments.

  5. Employees must request to use FLSA compensatory time (as applicable) in lieu of sick leave. Employees are required to use FLSA compensatory time prior to sick leave.

  6. When there is a break in service, accrued sick leave balances are generally lost. Forfeited leave is also lost when there is a break in service.

  7. If employees return to State government, lost sick leave balances may be restored after twenty-four (24) months of consecutive employment and forfeited sick leave may be used for retirement credit purposes.

  8. Employees are to contact their supervisor or designated Human Resources Representative as soon as possible when sick leave is needed. When employees are incapacitated, supervisor or designated Human Resources Representative may accept calls regarding the employees' status from the employees’ designated emergency contacts.

  9. DHS organizational units may establish procedures for requesting sick leave based on the needs of the organization.

Section I: Evidence for Use of Sick Leave

  1. Employees may be required to report each day by telephone or email and provide satisfactory evidence for use of sick leave to their supervisor or designated Human Resources Representative.

    1. Satisfactory evidence may include a Certification of Serious Health Condition Form, or other medical statement with similar information, completed by the attending health care provider when the reason for leave qualifies as a serious health condition under family and medical leave.

    2. Employees cannot be required to provide evidence for use of fewer than seventeen (17) hours of sick leave in a thirty (30) calendar day period unless they have demonstrated excessive or abusive use of sick leave.

  2. Excessive and/or abusive use of sick leave is considered a pattern of intermittent, short-term use of sick leave. Establishment of this pattern includes, but is not limited to:

    1. Frequent use of sick leave in conjunction with holidays, scheduled off days or paydays,

    2. Frequent use of sick leave when scheduled for undesirable temporary shifts or assignments, or during periods of peak workload,

    3. Requesting sick leave for an absence for which annual leave previously been denied,

    4. Frequent occurrences of illness during the workday,

    5. Peculiar and increasingly improbable excuses,

    6. Repetitive use of fewer than seventeen (17) hours of sick leave in thirty (30) calendar day periods; and,

    7. Prior written notification of failure to adhere to procedures for approval of leave, inappropriate attendance, or inappropriate use of leave (e.g., Attendance Plan).

  3. An opinion from a health care provider of the Department’s choice may be sought if questions arise regarding an attending health care provider’s statement. Approval must be received from the OHR Deputy Commissioner prior to seeking this opinion.

Section J: Sick Leave Denial

  1. Sick leave may be denied for reasons including, but not limited to, the following:

    1. Excessive or abusive use of sick leave (See Section I),

    2. Failure to follow procedures for reporting the absence or requesting the use of leave; or,

    3. Falsification of documents.

  2. Supervisors should carefully review the request prior to denying the sick leave and should be able to justify the decision to deny the request.

Section K: Medical Examination

  1. Under limited circumstances, an employee may only be required to undergo a medical (physical and/or psychiatric) examination at the expense of the Department with the approval of the OHR Deputy Commissioner or his/her designee.

  2. This examination may be required prior to:

    1. approving use of accrued leave,

    2. approving a leave of absence without pay,

    3. allowing an employee to return from leave with pay, or

    4. allowing an employee to return from a leave of absence without pay.

  3. An employee is required to authorize the release of the results of the medical examination to an authorized official in OHR. The results must be considered confidential and are to be shared with individuals only on a “need-to-know” basis.

  4. Upon receipt of the results, a determination regarding request for use of leave, leave of absence without pay, or return to work will be made.

  5. If a determination is made to not allow the employee to return to work, appropriate action, which includes but is not limited to, the following should be taken.

    1. The employee may be allowed to use accrued leave.

    2. The employee may be placed on an authorized (regular) or contingent leave of absence without pay..

    3. The employee may be referred to a treatment program.

  6. If a determination is made to allow the employee to return to duty, the employee may be returned with or without reasonable accommodation.

Section L: Converting Sick Leave to Personal Leave Eligibility

  1. Employees who have accumulated more than 120 hours of sick leave as of November 30 of any year are eligible to convert up to 24 hours of sick leave in excess of 120 hours to personal leave. This conversion must be made no later than December 31 of that year for use in the following year.

  2. Eligible employees must utilize the electronic process in TeamWorks and/or SMILE to ensure their request to convert 24 hours of sick leave to personal for the next calendar year is properly documented prior to December 31. Once sick leave is converted to personal leave, it cannot be changed back.

Section M: Personal Leave Usage

  1. Personal leave may be used for any reason upon receiving supervisory approval of the leave request. However, employees must use FLSA compensatory time (as applicable) prior to any other leave.

  2. Personal leave is only available for use by employees during the calendar year following the conversion request. Any personal leave that is not used during the calendar year (by December 31) is lost.

  3. Personal leave is lost when there is a break in service.

  4. Employees must submit a request to their supervisor of their intention to take personal leave at least twenty-four (24) hours in advance.

  5. Employees are not required to give specific reasons for requesting personal leave, unless a situation such as the following applies:

    1. the leave is for an unscheduled/emergency absence,

    2. the DHS organizational unit is short staffed or has a major assignment pending, or,

    3. the employees are under the restrictions of an Attendance Plan.

  6. Supervisors must make every reasonable effort to grant requests to use personal leave.

Section N: Restoring Forfeited Leave

  1. Annual and/or sick leave forfeited during the current period of employment may be restored to cover periods of absence due to employees’ personal illness/disability or the illness/disability of immediate family members. All paid leave and compensatory time (as applicable) must be exhausted prior to restoring forfeited leave.

  2. Employees are to submit written requests to their designated Human Resources Representative, which outline the circumstances that support the restoration of forfeited leave. Supporting documentation, which may include a statement from the attending health care provider, should be included unless the reason for absence has satisfactorily been established.

  3. The designated Human Resources Representative will review the forfeited leave request with the employee’s supervisor to determine the next steps.

Section O: Creditable Service Retirement

  1. Employees who are members of the Employees’ Retirement System (ERS) can get retirement credit for certain leave types, including forfeited annual and sick leave, previously lost sick leave due to a break in service, current accumulated and unused sick leave, but only if the combined total of these leave hours equals or exceeds 960 hours.

  2. Members of ERS who are on a leave of absence without pay due to an illness or injury caused by a job-related disease/accident may submit a request to purchase up to twelve (12) months of service in a five (5) year period by paying employee contributions plus interest within the first six (6) months of return to duty.

Section P: Leave Transfer

  1. When employees transfer without a break in service between positions entitled to earn leave; annual, sick, personal and forfeited leave balances transfer with the employees.

  2. DHS will accept leave balances transferred from other state agencies.

  3. Unused leave and the record of forfeited leave will not transfer into an Executive branch agency from the County Board of Health, Community Service Boards or Board of Health Community Operated Programs. Transferring employees are considered new hires for purposes of graduated annual leave accrual. An exception applies to classified employees whose unused sick, annual, personal leave and forfeited leave will transfer into the Executive branch.

  4. If leave is accrued at a different rate with the previous employer, the employee will not be given credit for more leave than the employee could have earned if continuously employed with DHS.

Section Q: Restoration of Leave

  1. The following leave provisions apply to eligible employees who are reinstated or re-employed with DHS within one (1) year of the effective date of a staff reduction, that resulted in their release from employment.

    1. Any previously accumulated and unused sick leave will be restored,

    2. Any forfeited leave accumulated at the time of the staff reduction will also be credited to employees, but can only be restored and used under the conditions identified in Section N; and,

    3. The period of absence between the date of release and the date of re-instatement or re-employment will not be considered a break in service for the purpose of graduated leave accrual.

  2. If an employee with previous state service returns to work on or after July 1, 2003, and remains employed for two (2) consecutive years, the employee is eligible to regain accrued sick leave divested when the employee’s previous period of service ended. The employee must submit a request for the restoration of divested leave and must provide documentation of the amount of divested sick leave. This provision does not apply to forfeited leave.

Section R: Non-Medical Short-Term Leave Without Pay

  1. Managers should consult with the designated Human Resources Representative before allowing an employee to take leave without pay (LWOP) for any reason.

  2. Employees may be placed on Short-Term LWOP for non-medical reasons. This leave without pay may be either authorized or unauthorized, as indicated below. Short-Term LWOP must not continue for more than ten (10) consecutive workdays in a continuous period. A Personnel Action Request Form must be completed to place employees on LWOP.

  3. Leave of absence will not be approved for:

    1. attending school (unless attendance is short-term and directly benefits DHS);

    2. relocation,

    3. incarceration; or,

    4. accepting another job.

  4. Authorized Leave Without Pay:

    1. Employees who are absent with supervisory approval must use paid leave if applicable. If paid leave is exhausted or not applicable, the employee should be placed in a non-pay status for the period of absence.

  5. Unauthorized Leave Without Pay:

    1. Employees who are absent without supervisory approval are to be placed in a non-pay status instead of allowing them to use accrued leave for the period of absence. Employees absent without approval are subject to disciplinary action, up to and including separation.

    2. FLSA exempt employees can be placed on Short-term/Other Leave Without Pay for absences from work, as indicated above.

    3. The act of placing an employee on unapproved leave without pay is not, in and of itself, considered a disciplinary action.

  6. When employees are absent from work on Leave Without Pay for the maximum period of ten (10) consecutive workdays, one of the following must occur:

    1. Employees must return to work;

    2. Appropriate leave or leave without pay must be requested and approved;

    3. Leave of Absence Without Pay must be requested or,

    4. Employees must be separated from employment.

  7. Request:

    1. Employees are to submit written requests for leave without pay to their supervisor. The request must include the following information:

      1. Reason for the leave without pay,

      2. Start date; and,

      3. Return date.

      4. Any other information relevant to the request.

    2. Clarification may be required from the employee prior to a determination being made on the request for leave without pay.

  8. Review:

    1. Requests for leave without pay will be reviewed and determinations made based on the following

      1. reasons for the leave without pay,

      2. amount of time requested,

      3. employees' documented performance, behavior, and attendance records,

      4. needs of the organization; and,

      5. previous efforts by the organization.

    2. Supervisors are to provide written decisions to employees concerning requests for leave without pay within ten (10) business days.

    3. If leave without pay is approved, the notification is to specify the terms and conditions of the approval, including the following:

      1. Start date,

      2. Return date; or,

      3. The terms for return.

Section S: FLSA State Compensatory Time

  1. Overtime for non-exempt employees will be governed by the provisions of FLSA. Overtime worked by non-exempt employees will normally be credited as FLSA compensatory time at a rate of one and one-half hours of compensatory time for each hour of overtime worked.

  2. Overtime:

    1. Supervisors are responsible for the control of overtime worked and for accurately approving and recording such overtime worked in the Department time and leave system.

    2. For most non-exempt employees, overtime is credited when the employee actually works more than forty (40) hours in a defined workweek.

    3. Time worked does not include paid time off, such as leave, holidays, or suspension.

    4. Non-exempt employees must generally receive prior approval to work overtime. Unscheduled and unauthorized overtime worked by non-exempt employees will be compensated. However, disciplinary action determined appropriate by DHS, up to and including separation from employment, may be taken against a non-exempt employee who works unscheduled or unauthorized hours.

  3. Use and Limitations of FLSA Compensatory Time:

    1. An employee must be granted FLSA compensatory time off within a reasonable time after making the request if the use of such time off does not unduly disrupt operations.

    2. Employees are required to use accumulated FLSA compensatory time (if applicable) before using annual and/or sick leave.

    3. The maximum FLSA compensatory time accrual is 240 hours at any given time.

  4. Payment for Overtime:

    1. Employees receive pay for overtime only in the following situations:

      1. When the Department approves payment in lieu of FLSA compensatory time as provided in statewide policy #7 – Rules, Regulations and Procedures Governing Working Hours, the Payment of Overtime and the Granting of Compensatory Time.

      2. Upon exceeding the accumulation limits of FLSA compensatory time outlined in Section 3(b).

      3. Upon separation from employment with the Department, including transfer from the Department to another State employer.

  5. Payment for overtime is typically made the pay period following the pay period in which the overtime is earned.

Section T: State Compensatory Time

  1. State compensatory time may be granted to FLSA non-exempt employees under circumstances described in this policy. FLSA exempt employees are not entitled to State compensatory time.

    1. State compensatory time is time off from work earned by non-exempt employees who are in pay status for more than forty (40) hours during a seven-day FLSA work period but have not actually worked more than forty (40) hours during the work period (See Attachment #3). When non-exempt employees work more than forty (40) hours during an FLSA work period, the provisions of the FLSA apply.

    2. State compensatory time does not apply when employees are required to work on a holiday.

  2. Both the manager and FLSA non-exempt employee are responsible for ensuring the employee does not exceed forty (40) hours in pay status during the FLSA work period. Management has the following options available in managing state compensatory time:

    1. The employee’s schedule may be adjusted by the manager by scheduling time off for the employee prior to the end of the FLSA work period to avoid the accrual of state compensatory time (as applicable).

    2. If accrued leave was used during the work period, the amount of accrued leave charged may be adjusted by the manager if the adjustment is made prior to the end of the FLSA work period and if the adjustment will not result in the employee losing personal leave. The employee must be advised of any adjustments.

    3. Allow the employee to accrue state compensatory time (as applicable).

  3. Accruing and using compensatory time:

    1. FLSA non-exempt employees accrue state compensatory time (as applicable) on a “straight-time” basis equivalent to the actual amount of time worked.

    2. Employees cannot accumulate more than 240 hours of state compensatory time.

    3. Employees should be scheduled to use state compensatory time (as applicable) within 60 calendar days. Employees are not entitled to be paid for the lost time.

    4. State compensatory time is not transferable between DHS organizational units or State agencies.

    5. State compensatory time is lost when employees leave the DHS organizational unit in which the state compensatory time was earned (e.g., transfer, resignation, etc.). Employees are not entitled to be paid for the lost time.

    6. Generally, state compensatory time not used within one (1) year of the date that it is earned is lost and not paid out.

  4. Employees are required to keep accurate records of all time worked.

    1. Managers are required to frequently review records of time worked.

    2. Employees who earn state compensatory time are not to maintain the official record for their accrued state compensatory time. The Department is required to maintain the employee’s official record of accrued state compensatory time.

    3. Records of state compensatory time are to be kept for a three (3) year period.

For additional information or assistance, please contact your designated Human Resources Representative.