Title 45 — Title 45

(a) It shall be an unlawful practice for a person willfully to: (1) Make public with respect to a particular employer or person without the employer’s or person’s consent information obtained by the administrator or the administrator’s employees pursuant to their authority under …

It shall be an unlawful practice for a person or for two or more persons to conspire: (1) To retaliate or discriminate in any manner against a person because the person has opposed a practice declared unlawful by this article or because the person has made a charge, filed a compl…

(a) As used in this Code section, the term: (1) ‘‘Overtime hours’’ means hours worked by a public employee for which payment of time and one-half overtime compensation or time and one-half compensatory time is required pursuant to the Fair Labor Standards Act, 29 U.S.C.A. 207, et…

(a) It is the purpose of this article to establish in the state a system of personnel administration which will attract, select, and retain the best employees based on merit, free from coercive political influences, with incentives in the form of equal opportunities for all; whic…

As used in this article, the term: (1) ‘‘Applicant’’ means a candidate who is offered public employment with any agency, department, commission, bureau, board, college, university, institution, or authority of any branch of state government or who has commenced employment but has…

Reserved. Repealed by Ga. L. 2008, p. 546, § 14/SB 230, effective May 12, 2008. Editor’s notes. — This Code section was based on Code 1981, § 45-20-17, enacted by Ga. L. 1990, p. 732, § 4. Ga. L. 2012, p. 446, § 1-1/HB 642, reenacted the reservation of this Code section without c…

Code 1981, § 50-8-6, enacted by Ga. L. 1988, p. 38, § 1; Ga. L. 1989, p. 1317, § 2.1; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-101/HB 642. Editor’s notes. Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides: “Personnel, equipment, and …

(a) As used in this Code section, the term: (1) ‘‘Employing unit’’ means that budget unit under the Appropriations Act through which an officer or employee receives compensation for services rendered as such officer or employee. (2) ‘‘Federal law’’ means Section 3(a) of the Milit…

The State Personnel Board shall provide for a performance management system for the periodic review and rating of the quality and quantity of work performed by employees. All agencies of the executive branch, exclusive of the Board of Regents of the University System of Georgia, …

(a) At least 30 days prior to the date of a public hearing held by the board to consider the adoption of rules or regulations to effectuate this chapter, the commissioner shall transmit a notice containing an exact copy of the proposed rule or regulation to each member of the Sen…

Each state, county, and municipal officer and employee in this state shall be allowed a leave of absence, without loss of pay, of not more than eight hours in each calendar year for the purpose of donating blood. 622 45-20-31 This absence shall be computed at two hours per donati…

(a) Each employee of the State of Georgia or of any branch, department, board, bureau, or commission of the State of Georgia who serves as an organ donor for the purpose of transplantation shall receive a leave of absence, with pay, of 30 days and such leave shall not be charged …

Each full-time, nontemporary employee of the State of Georgia or of any branch, department, board, bureau, or commission thereof shall be entitled to apply for up to eight hours of paid leave per calendar year for the purpose of promoting education in this state. The State Person…

It is the purpose of this article to permit voluntary deductions from wages or salaries of employees of the State of Georgia for the benefit of eligible charitable health and human care organizations and to provide for the distribution of funds collected through a process which i…

As used in this article, the term: (1) ‘‘Agency’’ means any agency, as defined in Code Section 45-20-2, which has full-time paid state employees and, in addition thereto, shall include the board of regents, all units of the university system, public authorities, and public corpor…

Definitions. Board as policy-setting body for administration of article; rules and regulations. 45-20-53. Deduction from salaries or wages for contribution to charitable organizations. 45-20-54. Disclosure of amounts or designations of authorized charitable deductions; pressure, …

— Code 1933, § 91-103A, enacted by Ga. L. 1964, p. 146, § 1; Ga. L. 1965, p. 249, § 1; Ga. L. 1965, p. 663, § 2; Code 1933, § 91-104a, enacted by Ga. L. 1973, p. 857, § 1; Ga. L. 1975, p. 1092, § 1; Ga. L. 1977, p. 685, § 1; Ga. L. 1978, p. 1047, § 1; Ga. L. 1987, p. 347, § 1; Ga…

The board is authorized in its discretion to establish an employee assistance program for all state employees and to adopt and promulgate rules and regulations for its administration. (Code 1981, § 45-20-70.1, enacted by Ga. L. 1988, p. 13, § 45; Ga. L. 2000, p. 1377, § 5; Ga. L.…

Program related records or activities which might disclose the nature of the services provided an employee or the identity of an employee utilizing the program shall be maintained on a confidential basis. Such records shall be produced only when the commissioner or his or her des…

As used in this article, the term: (1) ‘‘Employee’’ means any employee required to be certified under the provisions of Chapter 8 of Title 35 receiving a salary or hourly wage from any state agency, department, commission, bureau, board, or authority. ‘‘Employee’’ shall also incl…

(a) Employees working in high-risk jobs shall be subject to random testing for evidence of use of illegal drugs. (b) The head of each state agency, department, commission, board, bureau, or authority, in conjunction with the DOAS, shall determine those positions and groups of pos…

(a) Any employee conducting high-risk work found to have used an illegal drug shall be terminated from his or her employment. (b) Any employee who refuses to provide body fluid specimens, when requested to do so in accordance with the random drug testing conducted pursuant to thi…

As used in this chapter, the term: (1) ‘‘Agency’’ means any agency as defined in Code Section 45-20-2, any authority, or any public corporation, but shall not include the board of regents and units of the University System of Georgia. (2) ‘‘Appointing authority’’ means a person o…

— Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: ‘‘Personnel, equipment, and facilities that were assigned to the State Personnel Administra- tion as of June 30, 2012, shall be transferred to the Department of Administrative Services on th…

(a) With the approval of the board, the commissioner shall prepare rules necessary and appropriate for the proper administration of meritorious award programs, incentive compensation plans, and goal based compensation plans including rules governing the: (1) Operation of the meri…

Subject to Article 1 of Chapter 20 of this title, the commissioner shall employ the necessary staff required to carry out this chapter. (Ga. L. 1957, p. 336, § 9; Ga. L. 2000, p. 1377, § 6; Ga. L. 2001, p. 500, § 1; Ga. L. 2006, p. 760, § 1/SB 472.) 45-21-5. Creation of agency co…

(a)(1) Cash awards for suggestions or ideas submitted by an employee, implemented by an agency, and approved by the board which result in direct measurable cash savings or cost avoidance shall be paid to such employee in an amount equal to up to 10 percent of the first year’s est…

The board shall bear the costs of administration and of the certificates and emblems which it awards and appointing authorities shall bear the costs of administration and of the certificates, emblems, and meritorious awards and payments which they award. (Ga. L. 1957, p. 336, § 1…

This chapter shall be known and may be cited as the ‘‘Public Employee Hazardous Chemical Protection and Right to Know Act of 1988.’’ (Code 1981, § 45-22-1, enacted by Ga. L. 1988, p. 1778, § 1.) 45-22-2. Definitions.

Nothing in this chapter shall be construed to constitute a waiver of the sovereign immunity of the state or any branch, department, board, bureau, commission, authority, or other agency of the state. A violation of the provisions of this chapter shall not be the basis for an acti…

As used in this chapter, the term: (1) ‘‘Appointing authority’’ means a person or group of persons authorized by law or delegated authority to make appointments to fill employee positions in the legislative, judicial, or executive branch of state government. 646 45-22-2 (2) ‘‘Art…

All hazardous chemicals introduced into the workplace by employers and used in the workplace by employees shall be in labeled containers that meet the requirements of the Occupational Safety and Health Administration standard; provided, however, that employers shall not 650 45-22…

(a) The provisions of this chapter shall not apply to: (1) Impurities which develop as intermediate materials during chemical processing but are not present in the final mixture and to which employee exposure is unlikely; (2) Alcoholic beverages as defined in Title 3; (3) Article…

(a) The department shall promulgate such rules and regulations as may be necessary to administer this chapter. (b) The department shall consult with persons knowledgeable in the field of hazardous chemicals to assist the department in carrying out its duties under this chapter. (…

(a) Each employer shall be required to comply with the minimum information standards set forth in this subsection. Each employee shall be informed of: (1) The requirements of this Code section; (2) What a material safety data sheet is and the contents of the material safety data …

On and after July 1, 1989, each employer shall publish in print or electronically in January and July of each year a list of hazardous chemicals that its employees use or are exposed to in the workplace. Such list shall be available for public inspection at the workplace office. …

This chapter shall be known and may be cited as the ‘‘Drug-free Public Work Force Act of 1990.’’ (Code 1981, § 45-23-1, enacted by Ga. L. 1990, p. 2004, § 1.) 45-23-2. Legislative finding and declaration.

The General Assembly finds that the manufacture, distribution, sale, or possession of controlled substances, marijuana, and other dangerous drugs in an unlawful manner is a serious threat to the public health, safety, and welfare. It is declared to be a primary purpose and goal o…

As used in this chapter, the term: (1) ‘‘Controlled substance’’ means any drug, substance, or immediate precursor included in the definition of the term ‘‘controlled substance’’ in paragraph (4) of Code Section 16-13-21. (2) ‘‘Convicted’’ or ‘‘conviction’’ refers to a final convi…

(a) Any public employee who is convicted for the first time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall b…

By resolution (Ga. L. 1983, p. 590), the General Assembly directed the Composite State Board of Medical Examiners (now Georgia Composite Medical Board) to develop and adopt rules and regulations to curb the abuse of prescription amphetamine and amphetamine-like drugs for the trea…

The suspension, expulsion, and ineligibility sanctions prescribed in this chapter are intended as minimum sanctions, and nothing in this chapter shall be construed to prohibit any public employer from establishing and implementing additional or more stringent sanctions for crimin…

On and after July 1, 1990, if, prior to an arrest for an offense involving a controlled substance, marijuana, or a dangerous drug, a public employee notifies the employee’s public employer that the employee illegally uses a controlled substance, marijuana, or a dangerous drug and…

Administrative procedures for the implementation of this chapter shall be promulgated by the State Personnel Board for departments or agencies subject to the board’s rules and regulations, as such terms are defined in Code Section 45-20-2, and by other public employers for other …

This chapter shall apply only with respect to criminal offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall prevent any public employer from implementing sanctions additional to or other than those provided for in this chapter wi…

This chapter shall be known and may be cited as the ‘‘Governmental Reorganization and Termination from Employment Reform Act of 1997.’’ (Code 1981, § 45-24-1, enacted by Ga. L. 1997, p. 1528, § 1.) 45-24-2. Definitions.

As used in this chapter, the term: (1) ‘‘Commission’’ means the State Personnel Oversight Commission. (2) ‘‘Employer’’ means an employing unit within the government of the State of Georgia, including every department, commission, board, bureau, agency, branch of government, or an…

(a) There is created the State Personnel Oversight Commission to be composed of three members appointed by the President of the Senate, three members appointed by the Speaker of the House of Representatives, and three members appointed by the Governor. The Governor shall appoint …

An employer contemplating the involuntary separation from state service of an officer or employee shall notify the chairperson of the commission at least 90 but not more than 120 days prior to the proposed date of the separation. Pending the completion of such procedures, the emp…

If the commission by majority vote of those members present approves the involuntary separation, the employer is authorized, but not required, to proceed with the separation. If the employer proceeds with such separation, the employer shall not be eligible to have any increase in…