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The Essential Guide to Employee Leave in Georgia:

Categories, Rights, and Payment Procedures.

Who is eligible for leave under Georgian labor law?

In Georgian labor law, leave typically applies to all employees, including both full-time and part-time workers. This includes annual leave, sick leave, and maternity/paternity leave, among others. The specific rights and conditions associated with each type of leave may differ based on the nature of the leave and the terms outlined in individual employment contracts.

What kinds of leave are available to employees in Georgia?

Annual Leave: Employees are entitled to a minimum of 24 calendar days of paid annual leave per year.
Plus the Labor law provides additional paid leave for employees working under heavy and harmful conditions—10 calendar days per year.
Also when taking part in the actions of martial law and/or the state of emergency or emergency situations, for one time only after they end – not more than 15 calendar days;
Sick Leave: Paid sick leave is available, provided employees have a medical certificate.

Maternity Leave: employee shall, upon her request, be granted paid maternity leave of 126 calendar days, and in the case of complications during childbirth or the birth of twins, maternity leave of 143 calendar days.

Paternity Leave: It’s crucial that Fathers may be eligible for paternity leave. Employee upon his/her request, be granted parental leave of 604 calendar days, and in the case of complications during childbirth or the birth of twins, a parental leave of 587 calendar days. 57 calendar days of the leave shall be paid.
Also under Georgian labor law we have an article that’s called Newborn adoption leave and it says that: Employees who have adopted an infant under the age of 12 months shall, upon their request, be granted a period of newborn adoption leave of 550 calendar days from the birth of the child. 90 calendar days of the leave shall be paid.
Leave for Caring for a Sick Family Member: Employees may be entitled to leave for caring for a sick family member, subject to specific conditions.

Day off: this refers to the employer's option to provide employees with a specified number of extra paid days off each year. Generally, employers designate 5 additional days of paid leave annually.

Public Holidays: Employees are generally entitled to time off on public holidays.

When are employees eligible for different types of leave?

The right to take leave arises only when there is an active employment relationship. According to the Labor law employees become entitled to request leave after eleven months of employment. However, it is possible for employees to receive leave before this period if agreed upon by both the employer and the employee.

Do employees receive payment for any unused leave?

We have to discuss 2 different situations to answer to this question:

The first: If an employee leaves their job voluntarily, they forfeit their right to paid leave and cannot claim annual leave compensation as one of the essential conditions for realizing leave—maintaining an employment relationship—no longer exists.

And the second situation: if the employer terminates the employment, the employee can still claim compensation for unused annual leave days from the current year. This is because the employee's right to vacation cannot be forfeited simply due to the employer's initiative in terminating the employment relationship.


How is the leave pay amount calculated?

Leave pay calculations can differ depending on the circumstances. Here are the situations:

1.If an employee's monthly salary is fixed, the vacation compensation is calculated based on the salary of the last month.
2.If the salary is not fixed, pay is determined by averaging the salary over the last three months.
3.If the employee has worked less than three months since their last vacation or start date, the vacation pay is calculated using the average salary for the months worked.

Do these regulations also apply to the director?

Given the above considerations,
it is crucial for all parties involved in an employment relationship to clearly understand when and within what scope their rights and responsibilities arise. This awareness helps prevent misunderstandings and ensures that all parties are aware of their responsibilities and entitlements at all times.
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