2020 Georgia Code
Title 20 - Education
Chapter 2 - Elementary and Secondary Education
Article 17 - Teachers and Other School Personnel
Part 4 - Sick, Personal, and Maternity Leave
§ 20-2-853. Accumulation of and Payment for Additional Days of Unused Sick Leave

Universal Citation: GA Code § 20-2-853 (2020)
  1. Personnel who have accumulated 45 days of unused sick leave may accumulate additional days of unused sick leave during each school year for the purpose of receiving the payments provided for in subsection (b) of this Code section.
  2. Beginning with the 1988-89 school year and continuing each school year thereafter, personnel who have accumulated 45 days of unused sick leave and who then accumulate additional days of unused sick leave during a school year as authorized by Code Section 20-2-850 and who:
    1. Have used no sick leave in that school year shall receive the state contribution for all those additional days of unused sick leave; or
    2. Have used only one day of those additional days of sick leave in that school year

      shall receive $50.00 for all those additional days of unused sick leave. The payment for such additional unused sick leave which is accumulated during a school year shall be paid to such personnel at the end of that school year.

(Code 1981, §20-2-853, enacted by Ga. L. 1988, p. 1496, § 3; Ga. L. 1989, p. 14, § 20; Ga. L. 1990, p. 8, § 20.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1989, "subsection (b)" was substituted for "subsection (c)" in subsection (a).

OPINIONS OF THE ATTORNEY GENERAL

Entitlement limited to teachers.

- State law entitlement to payments for unused sick leave is limited to teachers and does not include administrative and other personnel in view of the reference in O.C.G.A. § 20-2-850(c) to O.C.G.A. § 20-2-182(f) (now a reference to § 20-2-182(g)), which applies only to "teachers." 1989 Op. Att'y Gen. No. 89-21.

Payments dependent upon appropriations.

- Neither the State Board of Education nor the local boards of education are obligated to make payments to teachers for unused sick leave if the General Assembly fails to appropriate adequate funds to make such payments. 1989 Op. Att'y Gen. No. 89-21.

Adoption of policies by local boards.

- Local boards of education are not prohibited from adopting policies providing for payments for unused sick leave, so long as the cost of implementing and maintaining such policies is paid entirely from local, as opposed to state, funds. 1989 Op. Att'y Gen. No. 89-21.

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