Georgian Labor Code Article 46Leave & time

Sick leave (temporary incapacity) under Georgian Labor Code Article 46

Also known as: Georgia sick leave, Article 46 Labor Code, medical leave Georgia

The Georgian Labor Code has no separate sick-leave entitlement and no annual quota of sick days: illness is temporary incapacity, which suspends the employment relationship (Article 46(2)(i)) while it lasts no more than 40 consecutive calendar days or 60 calendar days in total within 6 months. The employee is not paid during suspension unless legislation or the employment contract provides otherwise (Article 46(4)), sick days do not count as annual leave (Article 32(4)), and incapacity beyond those limits can become a termination ground (Article 47(1)(i)).

Sick leave is one of the lighter-touch areas of the Georgian Labor Code: the Code decides what illness does to the employment relationship, but leaves pay and paperwork largely to the employment contract. Employers differ in practice — some keep paying the full wage for a documented illness, others pay part of it or nothing. Whatever the policy, the contract should be explicit. The recurring dispute area is documentation — what counts as adequate medical evidence, and what happens when an employee is repeatedly out for short undocumented periods.

Temporary incapacity suspends the relationship (Article 46)

Article 46(2)(i) lists temporary incapacity as a ground for suspending the employment relationship, provided it lasts no more than 40 consecutive calendar days, or no more than 60 calendar days in total within 6 months. When the employee asks for suspension on this ground, the employer must suspend the relationship for a reasonable period, and it counts as suspended from the request until the ground falls away (Article 46(3)). The Code sets no annual quota of sick days: the limits above are a threshold for termination, not an allowance. Periods of temporary incapacity are also not counted as leave (Article 32(4)), so falling ill during a holiday does not use up leave days.

Medical certification

The Labor Code does not say what medical evidence an employer may require, or when. That is left to the employment contract and the employer's internal rules: many employers accept the employee's own notice for very short absences and ask for a medical certificate stating the period of incapacity for longer ones. Whatever threshold you choose, set it in writing in advance and apply it the same way to everyone.

Payment during sick leave

During suspension the employee is not paid unless legislation or the employment contract provides otherwise (Article 46(4)) — the Code itself sets no sick-pay rate
Many employers continue the full wage for the documented period
Others pay part of the wage, or nothing, for sick days
Whatever the contract says, it must not discriminate — health status is a protected ground, and the ban covers pay conditions (Articles 4-5)
Any state benefit for temporary incapacity, where one exists, is outside the Labor Code and is not covered here

Job protection during sick leave

The Code does not list sick leave among the periods in which dismissal is banned (Article 47(5)), and it does not pause notice periods. But illness on its own is not a ground for dismissal: temporary incapacity within the Article 46 limits only suspends the relationship, dismissal is allowed only on the grounds in Article 47(1), and dismissal because of health status is discriminatory (Articles 4 and 47(5)(b)). A termination notice that closely follows sick leave invites exactly that claim. Best practice: if performance issues exist, document them in writing before any sick leave; deliver any termination notice for legitimate non-illness reasons clearly separated from the sick-leave period.

Long-term illness and the 40/60-day limits

When incapacity exceeds 40 consecutive calendar days, or 60 calendar days in total within 6 months, and the employee has already used their leave under Article 31, the employer may end the contract for long-term incapacity under Article 47(1)(i), unless the employment contract provides otherwise. That dismissal follows Article 48: at least 30 calendar days' written notice plus compensation of at least one month's pay, or at least 3 calendar days' notice plus at least two months' pay. 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?

The Labor Code sets no annual number of sick days. Temporary incapacity suspends the employment relationship (Article 46(2)(i)) while it lasts up to 40 consecutive calendar days or 60 calendar days in total within 6 months; beyond that, once the employee has used their Article 31 leave, the employer may terminate for long-term incapacity (Article 47(1)(i)).

Is sick leave paid in Georgia?

The Code sets no sick-pay rate. During suspension the employee is not paid unless legislation or the employment contract provides otherwise (Article 46(4)). Many employers continue the full wage; others pay part or nothing. The contract should be explicit.

Is a doctor's note required for sick leave?

The Labor Code does not say. Employers set the rule in the contract or internal rules; many accept self-certification for very short absences and require a medical certificate stating the period of incapacity for longer ones.

Does sick leave consume annual leave?

No. Temporary incapacity (Article 46) and annual leave (Article 31) are separate, and a period of temporary incapacity is not counted as leave (Article 32(4)). The at least 24 working days of paid annual leave under Article 31(1) are not reduced by sick days.

Can an employer terminate an employee on sick leave?

Not because of the illness itself. Sick leave is not on the Code's list of periods in which dismissal is banned, but any dismissal must rest on an Article 47(1) ground, and dismissal because of health status is discriminatory (Article 47(5)(b)). Termination immediately following sick leave is open to challenge on that basis.

What happens when incapacity lasts longer?

Once it exceeds 40 consecutive calendar days, or 60 days in total within 6 months, and the employee has used their Article 31 leave, the employer may terminate for long-term incapacity under Article 47(1)(i), unless the contract provides otherwise — with Article 48 notice and compensation. Clear medical documentation is essential.