Sick leave under Georgian Labor Code Article 31
Also known as: Georgia sick leave, Article 31 Labor Code, medical leave Georgia, ავადმყოფობის გამო შვებულება
Article 31 of the Georgian Labor Code entitles employees to up to 30 calendar days of sick leave per year. Medical certification is required for absences beyond a short threshold (typically two consecutive working days). Sick leave does not consume annual-leave entitlement; the two are separate categories. Payment during sick leave is determined by the employment contract — there is no flat statutory employer-paid sick-pay rate, though employers commonly pay 100% of the wage for the documented period.
Sick leave is one of the lighter-touch areas of the Georgian Labor Code: the entitlement exists but the payment mechanics are largely left to the employment contract. Foreign employers operating in Georgia routinely default to 100% wage continuation for the documented period (consistent with EU norms), while domestic SMBs sometimes default to a lower replacement rate or to the employee using accrued annual leave for short illnesses. Both are permissible under the Code so long as the contract is explicit. The recurring dispute area is documentation — what counts as adequate medical certification, and what happens when an employee is repeatedly out for short undocumented periods.
The 30-day annual entitlement
Article 31 entitles every employee to up to 30 calendar days of sick leave per calendar year. This entitlement is per year, not per illness — chronic conditions or recurring illnesses use the same 30-day pool. Days exceeding the 30-day annual cap may be taken as unpaid leave with the employer's agreement, or may consume the employee's annual-leave balance if the contract permits. The 30 days are calendar days, not working days, but the practical impact is generally measured in working days lost.
Medical certification
For very short absences (typically one to two consecutive working days), most employers accept self-certification — the employee notifies their manager and returns when recovered. For longer absences, a medical certificate from a licensed Georgian healthcare provider is required and must be submitted to the employer within a reasonable period after the absence (typically by return-to-work). The certificate must specify the period of incapacity. Employers can require a medical certificate for any absence claimed as sick leave; the threshold for self-certification is a matter of company policy, not statute.
Payment during sick leave
- No statutory employer-paid sick-pay rate — payment is determined by the employment contract
- Most foreign employers default to 100% wage continuation for the documented period
- Some SMBs default to lower replacement rates (e.g., 50%) or unpaid sick leave
- Whatever rate the contract specifies, it cannot create discrimination across employees in the same role
- The state social-fund does not provide statutory sick-pay equivalent to maternity benefits
Job protection during sick leave
Employees on documented sick leave are protected from termination during the period of incapacity. An employer cannot deliver a termination notice while the employee is on sick leave; the notice clock is paused during the documented incapacity period. Termination immediately following return from sick leave is not automatically prohibited, but a temporal pattern (sick leave → notice within days) is highly suggestive of retaliatory termination and is litigated frequently. Best practice: if performance issues exist, document them in writing prior to any sick leave; deliver any termination notice for legitimate non-illness reasons clearly separated from the sick-leave period.
Long-term illness and the 30-day cap
When an illness extends beyond the 30-day annual cap, the employment relationship continues — the additional days are typically unpaid (or paid at the contract's extended-illness rate, if specified). Severe long-term illness that prevents return for an extended period (multiple months) can support termination on grounds of incapacity under Article 47, but only after exhausting reasonable accommodation efforts and the documented medical incapacity is clear. This is among the highest-risk termination grounds; legal counsel is recommended for any termination on incapacity grounds.
Frequently asked questions
- How many days of sick leave do employees get in Georgia?
- Up to 30 calendar days per year under Article 31. The entitlement is per year, not per illness; chronic conditions or recurring illnesses share the same 30-day pool.
- Is sick leave paid in Georgia?
- There is no statutory employer-paid rate. Payment is determined by the employment contract. Most foreign employers default to 100% wage continuation; some domestic SMBs default to lower replacement rates or unpaid sick leave. The contract should be explicit.
- Is a doctor's note required for sick leave?
- For very short absences (typically one to two consecutive working days), most employers accept self-certification. For longer absences, a medical certificate from a licensed healthcare provider is required and must be submitted within a reasonable period after the absence.
- Does sick leave consume annual leave?
- No. Sick leave (Article 31) and annual leave (Article 24) are separate entitlements. The 30 sick-leave days are in addition to the 24 annual-leave days. They cannot be combined or substituted absent contractual provision.
- Can an employer terminate an employee on sick leave?
- No. Termination notice cannot be delivered during a documented sick-leave period; the notice clock is paused. Termination immediately following return from sick leave is litigated frequently as potentially retaliatory.
- What happens when sick leave exceeds 30 days?
- The employment relationship continues; additional days are typically unpaid unless the contract specifies extended-illness terms. Severe long-term incapacity can support Article 47 termination on incapacity grounds, but only with clear medical documentation and reasonable accommodation efforts.