What is the effective date of the Maternal Birth Leave law?
The state law establishing paid Maternal Birth Leave for eligible employees became effective July 1, 2026.
How much leave is granted under the Maternal Birth Leave law?
The 120 hours of paid leave must be taken during the three-week period immediately following the qualifying life event and may not be carried forward beyond that period.
If there is a holiday during the three-week period, holiday pay will apply. However, Maternal Birth Leave will not be extended beyond three weeks.
What are the eligibility requirements for Maternal Birth Leave?
Employees classified as full-time are eligible for Maternal Birth Leave. This includes regular benefits eligible employees (30 hours or more per week) who have been employed with the USG for at least 6 months of continuous service.
Employees paid on an hourly basis must also have worked at least 700 hours during the six-month period immediately preceding the requested leave.
Are temporary (Non-Benefits Eligible) employees eligible for Maternal Birth Leave?
No. Temporary employees are not eligible for Maternal Birth Leave.
For eligibility purposes, will my employment at another USG institution count towards the six (6) months and/or 700-hour work requirement?
Yes. An employee could combine service across more than one USG institution to meet the eligibility requirements. However, employment must be on a continuous basis.
What is a qualifying life event for Maternal Birth Leave?
A qualifying life event for Maternal Birth Leave is the employee having given birth to one or more children in a single or multiple (such as twins, triplets, etc.) pregnancy. Only the employee who has given birth is eligible.
Is there a limit to the number of qualifying life events covered within a given period?
No. There is no timeframe restriction on the availability of Maternal Birth Leave (such as a 12-month period or calendar year). An eligible employee may receive the full Maternal Birth Leave entitlement for each qualifying life event. For example, if an eligible employee gives birth in January and again in December of the same year, they would be eligible for the full Maternal Birth Leave entitlement associated with each birth.
Can an employee request Maternal Birth Leave for a qualifying life event that occurred prior to July 1, 2026?
No. Maternal Birth Leave is available for eligible employees who gave birth on or after July 1, 2026.
Can an employee choose to take paid Parental Leave before Maternal Birth Leave?
No. The law specifically states that Maternal Birth Leave must “precede the taking of any paid Parental Leave authorized under Code Section 45-20-17” (which is the section of the Georgia Code that grants paid Parental Leave).
If an employee qualifies for both Maternal Birth Leave and Family and Medical Leave Act (FMLA), what is the total number of weeks that can be taken?
If an employee is eligible for Maternal Birth Leave and is also eligible for unpaid leave under FMLA, Maternal Birth Leave will run concurrently with FMLA leave and does not extend the leave period of either.
Can an employee choose to exhaust FMLA and then use Maternal Birth Leave?
No, for employees who are eligible for both during overlapping eligibility periods, FMLA will run concurrently with Maternal Birth Leave. Maternal Birth Leave must be taken during the first three weeks immediately following the qualifying life event.
Does Maternal Birth Leave apply towards the 1,250 hours of work necessary for eligibility for FMLA leave?
No. Neither Maternal Birth Leave nor Parental Leave count toward the 1,250 hours required for FMLA eligibility.
Can Maternal Birth Leave be used on an intermittent basis?
Intermittent use does not extend the period during which Maternal Birth Leave may be used beyond the three weeks immediately following childbirth. Any Maternal Birth Leave hours that remain unused at the end of that three-week period will expire.
Is Maternal Birth Leave prorated for hourly employees?
No. All eligible employees may use up to the maximum 120 hours of Maternal Birth Leave. Maternal Birth Leave use cannot exceed the standard weekly hours an employee would normally work. For example, if an employee normally works 32 hours per week, the employee may not request 40 hours of Maternal Birth Leave for that week.
Is an eligible employee limited to a maximum allotment of 120 hours of Maternal Birth Leave if transferring to another institution, 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 Maternal Birth Leave per qualifying life event, which must be taken in the three-week period immediately following the qualifying life event. Transfers to another institution during that three-week period would not increase the amount of Maternal Birth Leave available. As a result, it is the responsibility of the hiring institution to conduct due diligence to ensure that the employee has not used their 120-hour allotment prior to approving the request for leave if the employee has transferred from another institution.
Can Maternal Birth Leave be used during the 14-day elimination period before the use of Short-Term Disability (STD)?
Yes. Maternal Birth Leave may be used during the elimination period before Short-Term Disability (STD) benefits begin. However, an employee may not receive both STD benefits and Maternal Birth Leave pay simultaneously.
If the employee chooses, STD benefits may be deferred to allow them to receive their full Maternal Birth Leave allocation. However, deferring STD benefits does not extend the duration of the disability period. STD benefits will not be paid beyond the period for which the employee is medically certified as disabled.
Can an employee receive Maternal Birth Leave while on short-term disability?
No. Under the terms of the USG Short-Term Disability plan, disability benefits are reduced by any sick pay, vacation pay, or other salary continuation, including Maternal Birth Leave pay.
What documentation is required to substantiate the request and existence of a Maternal Birth Leave qualifying life event?
Medical documentation from a healthcare provider or additional documentation as determined by University Human Resources may be required.
If a state holiday falls during an employee’s Maternal Birth Leave, does the employee receive paid leave as well as holiday pay?
If a paid state holiday takes place during an eligible employee’s Maternal Birth Leave, the employee will be paid for the state holiday only, and the Maternal Birth Leave period is not extended.
