Georgia Makes the Family Care Act Permanent Under Senate Bill 61

What Changed

Georgia enacted Senate Bill 61 (SB 61), which makes the Georgia Family Care Act (FCA) a permanent law. The FCA was originally passed in 2017 with a sunset provision requiring renewal every three years. With SB 61, the law no longer expires and employees can permanently rely on its protections.

The Family Care Act allows employees who already earn paid sick leave to use up to five days per year of that earned sick time to care for an immediate family member. The law does not create a new leave entitlement — it extends the permitted use of existing sick leave benefits.

Georgia defines "immediate family member" as a child, spouse, grandchild, grandparent, parent, or a dependent as shown on the employee's most recent tax return.

Who Is Affected

Georgia employers with 25 or more employees who already provide paid sick leave benefits. Key points:

• The law does not require employers to offer sick leave — it only applies to employers who already do

• All employees who have accrued sick leave are eligible to use it for family care purposes

• The five-day cap applies per 12-month period

• Both full-time and part-time employees with sick leave benefits are covered

Where It Applies

Georgia statewide.

When It Takes Effect

July 1, 2023. The Family Care Act was already in effect under its previous temporary authorization, so this change simply makes the existing law permanent.

Why It Matters

While the substantive requirements of the FCA have not changed, making the law permanent removes the uncertainty that came with periodic renewals. Employers no longer need to monitor whether the legislature will renew the act every three years. It also signals Georgia's commitment to family-supportive leave policies.

For employers who have been complying with the FCA under its temporary provisions, no operational changes are required. However, employers who were waiting for the sunset to expire before updating their handbooks should now update their policies to reflect the permanent status of the law.

The Humareso Take

This is a welcome cleanup for Georgia employers. The sunset provision created unnecessary ambiguity, and now the Family Care Act is simply part of the landscape. If your Georgia handbook already references the FCA, you just need to remove any language about the law being temporary or subject to renewal. If you have not been complying — and the law applies to you — now is the time to get your sick leave policy in order. This is not a heavy lift, but it is one worth getting right.

Recommended Action Steps

1. Review your employee handbook and remove any references to the Family Care Act's sunset provision or temporary status.

2. Confirm your sick leave policy explicitly permits employees to use up to five days of earned sick time for family care purposes.

3. Ensure your definition of "immediate family member" aligns with Georgia's statutory definition (child, spouse, grandchild, grandparent, parent, or tax-return dependent).

4. Notify managers that the Family Care Act is now permanent law and sick leave requests for family care must be honored.

5. Contact your Humareso representative if you need assistance updating your Georgia handbook policies.