1006 A1 Types of Leave

Georgia State Seal

Georgia Department of Human Services
Human Resources Policy #1006 A1

Types of Leave

Release Date:

February 1, 1993

Revised Date:

June 23, 2025

Next Review Date:

June, 22, 2027

References:

Rules of the State Personnel Board 478-1-.16 — Absence from Work
DHS Human Resources Policy #1005 — Family and Medical Leave
DHS Human Resources Policy #1702 — Leave and Payment for Workers' Compensation and Special Injury Claims

The Department of Human Services (DHS) recognizes that employees may need to take time off from work for various personal, medical, or other reasons. This policy is designed to provide employees with guidance on their rights and responsibilities regarding different types of leave.

Section A: Medical Leave of Absence

  1. Leave of absence (LOA) should be coordinated and designated by an authorized Human Resources Representative only.

  2. LOA does not cause a break in continuous employment.

  3. Family and Medical Leave (FML):

    1. When absence from work is due to a family and medical leave qualifying reason, employees should be placed on available FML (with or without pay) prior to placement on leave of absence.

    2. If FML has been exhausted or is otherwise not available, employees may be placed on a LOA or contingent leave.

    3. If FML has already been granted and used, requests for additional leave will be reviewed in accordance with the provisions of DHS Policy #1005: Family and Medical Leave.

  4. Leave of Absence (LOA):

    1. If a LOA is approved, the position which the employee occupied, or a position of equal grade and pay may be held for the employee’s return.

    2. At the expiration of a LOA, the employee may be returned to work without loss of any rights, if the employee has complied with the terms and conditions outlined in the notice of approval.

    3. Due to the needs of DHS organizational units for maintaining coverage, requests for LOA should be closely reviewed in accordance with the provisions of DHS Policy #1005: Family and Medical Leave.

  5. Contingent Leave of Absence:

    1. If a contingent leave of absence is approved, the position which the employee occupied is not held.

    2. The DHS organizational unit may fill the position from which an employee is on a contingent leave of absence.

    3. The employee may return to work only if a "suitable vacancy," as defined in the notice of approval, is available at the expiration of the leave.

    4. Since contingent leave of absence does not guarantee an employee the right to return to work at the expiration, it may not be considered a reasonable accommodation under the Americans with Disabilities Act, as amended.

  6. 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 Office of Human Resources (OHR) Deputy Commissioner or his/her designee.

    2. This examination may be required prior to:

      1. approving use of accrued leave,

      2. approving a LOA,

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

      4. allowing an employee to return from a LOA.

    3. For circumstances outlined under Section 8(a), an employee is required to authorize the release of the results of the medical examination to OHR. The results are confidential and are to be shared with individuals only on a "need-to- know" basis as determined by OHR.

    4. Upon receipt of the results, a determination regarding the employee’s request for use of leave, a LOA, or return-to-work will be issued.

    5. If it is determined the employee will not be allowed 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 request and be granted FML, a LOA, or contingent leave.

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

      4. The employee may be separated.

    6. If it is determined the employee will return to work, the employee may return to perform the essential functions of their job, with or without reasonable accommodations.

  7. Workers’ Compensation:

    1. Employees who are absent from work due to work-related injuries, illnesses and/or exposures to occupational disease covered under Workers' Compensation may request to be placed on Workers’ Compensation-funded leave, or the employee can utilize their accrued leave. Employees cannot receive both Workers’ Compensation payments and their normal salary.

    2. The employee must complete the Leave Election Form and submit it to their supervisor. The Leave Election Form can be found as an attachment to DHS Policy #1702: Leave and Payment for Workers’ Compensation and Special Injury Claims.

  8. Benefits:

    1. While on LOA without pay, employees may maintain their health insurance coverage through the State Health Benefit Plan and their flexible benefits through Georgia Breeze.

      1. Employees should contact their designated Human Resources Representative request information regarding maintaining health insurance, and Georgia Breeze to determine the cost of maintaining their flexible benefits.

      2. The following forms must be completed and submitted to the employee’s designated Human Resources Representative to continue health insurance coverage:

        1. Request to Continue Health Benefits During Leave of Absence without Pay (SHPB 66-003) Form, which can be found on the Georgia Department of Community Health website at www.dch.georgia.gov.

        2. Disability Certification Form (SHBP 66-005), if applicable, which can be found on the Georgia Department of Community Health website at www.dch.georgia.gov.

        3. A Certification of Serious Health Condition Form or other document containing similar information from the attending health care provider which supports the request for absence may be accepted.

    2. Employees with at least one year of participation in the Group Term Life Insurance Program under the Employees' Retirement System (ERS) may retain coverage while on LOA without pay. A request to continue coverage must be made in writing to ERS prior to beginning the LOA without pay. Coverage terminates if this written request is not filed.

    3. Employees who are on active duty with the Armed Forces may be eligible to continue coverage for up to twelve (12) months.

    4. Employees who accept employment outside of State government are not eligible to continue coverage.

  9. Time Limitations:

    1. Regular and contingent LOA without pay should be approved for short periods of time unless specific circumstances support approving a longer absence. Approval cannot exceed a total of six (6) months.

    2. A continuous LOA without pay may include any combination of the following:

      1. Regular,

      2. Contingent (and any approved extensions),

      3. Short-term/non-medical related.

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