O.C.G.A.
O.C.G.A.

O.C.G.A. § 1-4-1 (2019)

Public and legal holidays; leave for observance of religious holidays not specifically provided for

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) The State of Georgia shall recognize and observe as public and legal holidays: (1) All days which have been designated as of January 1, 1984, as public and legal holidays by the federal government; and

(2) All other days designated and proclaimed by the Governor as public and legal holidays or as days of fasting and prayer or other religious observance. In such designation, the Governor shall include at least one of the following dates: January 19, April 26, or June 3, or a suitable date in lieu thereof to commemorate the event or events now observed by such dates. (b) The Governor shall close all state offices and facilities a minimum of 12 days throughout the year and not more than 12 days in observance of the public and legal holidays and other days set forth in subsection (a) of this Code section and shall specify the days state offices and facilities shall be closed for such observances. (c) Employees of any state department or agency shall, upon request to their appointing authority or his or her designee at least seven days in advance, be given priority consideration for time away from work for observance of religious holy days not otherwise provided for in this Code section. Any paid leave time for such religious holy day observance shall be charged to accrued compensatory leave or accrued annual leave credits available to the employee at the time of the holy day observance. No employee may claim priority consideration for more than three work days each calendar year. A request by an employee for time away from work to observe a religious holy day shall not be denied unless the employee has inadequate accrued compensatory or annual leave credits to cover such period of absence or the duties performed by the employee are urgently required and the employee is the only person available who can perform the duties as determined by the appointing authority or his or her designee. The State Personnel Board shall provide by rule and regulation a procedure to be followed by agencies and departments in the granting of such holy days.

History

Laws 1850, Cobb’s 1851 Digest, p. 522; Code 1863, § 2733; Code 1868, § 2741; Ga. L. 1870, p. 69, § 1; Ga. L. 1871-72, p. 23, § 1; Code 1873, § 2783; Ga. L. 1874, p. 19, § 1; Code 1882, § 2783; Ga. L. 1889, p. 72, §§ 1, 2; Ga. L. 1893, p. 115, § 1; Ga. L. 1894, p. 47, § 1; Civil Code 1895, § 3692; Ga. L. 1897, p. 119, § 1; Civil Code 1910, § 4284; Ga. L. 1929, p. 211, § 1; Code 1933, § 14-1808; Ga. L. 1935, p. 350, § 1; Ga. L. 1943, p. 331, § 1; Ga. L. 1945, p. 123, § 1; Ga. L. 1968, p. 986, § 1; Ga. L. 1969, p. 9, § 1; Ga. L. 1972, p. 363, § 1; Ga. L. 1975, p. 368, § 1; Ga. L. 1982, p. 986, §§ 1, 2; Ga. L. 1984, p. 22, § 1; Ga. L. 1984, p. 1274, § 1; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-1/HB 642; Ga. L. 2016, p. 864, § 1/HB 737.

Annotations

Cross references. - Distribution of

federal funds; combined purchase of supplies and equipment; minimum school year; summer school programs; year-round operation, § 20-2-168. Place and time for holding probate court, § 15-9-82. State Merit System of Personnel Administration, T. 45, C. 20. Editor’s notes. - As of January 1, 1984, the days which have been ‘‘designated’’ as public and legal holidays by the federal government (see 5 U.S.C. § 6103(a), as amended by P.L. 98-144) are as follows: New Year’s Day; Birthday of Martin Luther King, Jr.; Washington’s Birthday; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans’ Day; Thanksgiving Day; and Christmas Day. See subsection (b) of this Code section for powers of Governor to specify the days state offices and facilities shall be

closed for observance of public and legal holidays. 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 Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the

effective date of this Act.’’ This Act became effective July 1, 2012. Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: ‘‘Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90.’’

JUDICIAL DECISIONS While January 1 is legal holiday, it is not dies non juridicus (a nonjudicial day). Parker v. Mayor of Savannah, 216 Ga. 210, 115 S.E.2d 555 (1960). An advertisement which appeared on January 1, 1960, was valid; and, accordingly, the house bill which extended the city’s corporate limits was properly advertised as required by the Constitution. Parker v. Mayor of Savannah, 216 Ga. 210, 115 S.E.2d 555 (1960). Labor Day not dies non juridicus. - While this section establishes the first Monday in September as a public and legal holiday, it does not by its terms declare Labor Day dies non juridicus. Moore v. Dearing, 216 Ga. 596, 118 S.E.2d 366 (1961). Section does not make Labor Day probate invalid. Moore v. Dearing, 216 Ga. 596, 118 S.E.2d 366 (1961). Thanksgiving Day and day after Thanksgiving. - Superior court improperly dismissed as untimely appellant city’s petition for a writ of certiorari challenging a civil service board’s decision, as the petition was timely filed for purposes of O.C.G.A. § 5-4-6(a) since: (1) the last day to file the petition fell on Thanksgiv-

ing Day; (2) the Friday after Thanksgiving day, like Thanksgiving day, was a legal holiday as set forth in O.C.G.A. § 1-4-1; and (3) the petition was filed on the very next business day, as allowed by O.C.G.A. § 1-3-1(d)(3). City of Atlanta v. Hector, 256 Ga. App. 665, 569 S.E.2d 600 (2002). No relief for late filed notice. - Father’s notice of appeal was not timely, filed more than 30 days after the final order was entered by the trial court, and O.C.G.A. § 1-4-1 provided no relief to the father because the day in question was not a federal holiday or declared a public and legal holiday by the Governor of Georgia such that the time for filing the notice would have been extended. Smith v. McTaggart, 343 Ga. App. 144, 806 S.E.2d 229 (2017). Cited in Herrin v. Herrin, 224 Ga. 579, 163 S.E.2d 713 (1968); Jesup Carpet Factory Outlet, Inc. v. Ken Carpets of LaGrange, Inc., 142 Ga. App. 301, 235 S.E.2d 684 (1977); Ausburn v. Anthony, 173 Ga. App. 505, 326 S.E.2d 588 (1985); Dental One Assocs. v. JKR Realty Assocs., 228 Ga. App. 307, 491 S.E.2d 414 (1997); McKenzie v. State, 250 Ga. App. 277, 549 S.E.2d 774 (2001); Morrell v. W. Servs., LLC, 291 Ga. App. 369, 662 S.E.2d 215 (2008).

OPINIONS OF THE ATTORNEY GENERAL Saturdays are not regarded per se as legal holidays. 1971 Op. Att’y Gen. No. 71-56. Georgia Day is not a legal holiday. 1976 Op. Att’y Gen. No. 76-112. Sunday in this state is a nonjudicial day (dies non juridicus). 1980 Op. Att’y Gen. No. U80-39.

Legal holidays are not dies non juridicus. 1980 Op. Att’y Gen. No. U80-39. Retail stores are not required to close during or on part of any legal holiday, the entire matter of holiday observance of retail stores seems to be a matter of custom and good taste without

any state law other than the above laws which merely designate the legal holiday. 1957 Op. Att’y Gen. p. 204. State salaried employee who works during legal holiday not entitled to pay. - A salaried employee of the state,

classified under the state merit system, who has worked during a legal and public holiday and is separated or resigns before the executive authorizes a compensatory nonwork day, is not entitled to an extra day’s pay. 1969 Op. Att’y Gen. No. 69-191.

RESEARCH REFERENCES Am. Jur. 2d. - 73 Am. Jur. 2d, Sundays and Holidays, § 3 et seq. C.J.S. - 40 C.J.S., Holidays, § 2 et seq.

ALR. - Right of public officers or employees as regards vacations and holidays, 134 A.L.R. 195.

Notes of Decisions
Cited in 21 cases, 1985–2020 · leading case: Smith v. McTaggart, 806 S.E.2d 229 (Ga. Ct. App. 2017).
Sort: Relevance Newest Treatment
Smith v. McTaggart, 806 S.E.2d 229 (Ga. Ct. App. 2017). · cites it 10× “Critical to this matter, however, OCGA § 1-4-1 only pertains to holidays that are designated as public and legal holidays by the federal government (subsection (a) (1)) and dates that are "designated and proclaimed by the Governor as public and legal holidays" (subsection (a)…”
In Re Est. of Dasher, 576 S.E.2d 559 (Ga. Ct. App. 2002). · cites it 4× “) Nevertheless, Good Friday is not a public or legal holiday because that day is not listed in OCGA § 1-4-1. Indeed, OCGA § 1-4-2 states that the only days to be declared, treated, and considered as religious holidays shall be the first day of each week, called Sunday.”
Lavan v. Philips, 362 S.E.2d 138 (Ga. Ct. App. 1987). · cites it 4× “OCGA § 1-4-1. The county courthouse and the county offices maintained therein are statutorily-mandated to remain open to transact the public’s business “during normal working hours,” defined as “a minimum of 40 working hours during each calendar week, except for those weeks…”
Morrell v. W. Servs., LLC, 662 S.E.2d 215 (Ga. Ct. App. 2008). · cites it 2× “Western’s brief was due twenty days from docketing on September 17, 2007.”
Stamey v. Policemen's Pension Fund Bd. of Trs., 712 S.E.2d 825 (Ga. 2011). · cites it 2× “When the last day prescribed for such action falls on a public and legal holiday as set forth in Code Section 1-4-1, the party having the privilege or duty shall have through the next business day to exercise the privilege or to discharge the duty.”
Potter-miller v. Reed, 690 S.E.2d 215 (Ga. Ct. App. 2010). · cites it 2× “While the notice was filed 33 days after entry of the last order appealed from, the 30th day fell on an official state holiday, and the following two days were Saturday and Sunday.”
Parsons v. Capital All. Fin., LLC, 756 S.E.2d 14 (Ga. Ct. App. 2014). · cites it 4× “Pursuant to OCGA § 1-3-1 (d) (3), however, when the last day for filing falls on a Saturday or Sunday, the appealing party may file the appeal the following Monday, and when the last day for filing falls on a public and legal holiday as defined under OCGA § 1-4-1, the appealing…”
Anderson v. the State, 778 S.E.2d 826 (Ga. Ct. App. 2015). · cites it 2× “See OCGA §§ 1-4-1 (a) (2); 1-3-1 (d) (3); In re Estate of Dasher, 259 Ga.”
U. S. Filter Distrib. Grp., Inc. v. Barnett, 538 S.E.2d 739 (Ga. 2000). · cites it 4× “OCGA § 1-3-1 (d) (3) provides that when measuring a period of time, except for “time period computations specifically applying to other laws,” the first day “shall not be counted but the last day shall be counted” and that in situations where the last day falls on Saturday,…”
Ausburn v. Anthony, 326 S.E.2d 588 (Ga. Ct. App. 1985). · cites it 4× “Since Monday thus became the last day for the prescribed action, and Monday the fourth of July is a public and legal holiday under OCGA § 1-4-1 (a) (1), appellant had until the following day, July 5, 1983, to timely exercise her option.”
City of Atlanta v. Hector, 569 S.E.2d 600 (Ga. Ct. App. 2002). · cites it 4× “As both of these days constituted holidays as set forth in OCGA § 1-4-1, the City of Atlanta had through the next business day to file its petition.”
Dental One Assocs., Inc. v. JKR Realty Assocs., Ltd., 491 S.E.2d 414 (Ga. Ct. App. 1997). · cites it 2× “OCGA § 1-4-1. Consequently, the time for filing the notice of appeal was extended to the next business day, Tuesday, November 12, 1996.”
Show all 21 citing cases →
— 1-4-1(a)(2) — 1 case
US Filter Distrib. Grp. v. Barnett, 538 S.E.2d 739 (Ga. 2000).
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