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O.C.G.A. § 45-2-40 — Employees to furnish certificate of physical fitness for employment | Georgia Code
O.C.G.A. § 45-2-40 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 2. Eligibility and Qualifications for Office, 45-2-1 through 45-2-45.

ARTICLE 3 PHYSICAL EXAMINATION OF STATE EMPLOYEES

45-2-40. Employees to furnish certificate of physical fitness for employment.

No person who is otherwise qualified shall be employed in any capacity by the state or any department or agency thereof unless the person is certified as meeting the standards of medical and physical fitness by a qualified medical practitioner within a prescribed number of calendar days after the date of an offer of employment. However, the State Personnel Board may provide for standards of medical and physical fitness for some positions that require only certification by the prospective employee and such certification may be accepted by the respective employing department without further assessment by a medical practitioner.

(Ga. L. 1956, p. 808, § 1; Ga. L. 1960, p. 189, § 1; Ga. L. 1975, p. 76, § 1; Ga. L. 1990, p. 8, § 45; Ga. L. 1996, p. 1094, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

The only exception to this section is a temporary employee who is employed for a period not exceeding 45 days, and who is not reemployed more than once for a similar period within any 12 consecutive months; all other employees must have a preemployment physical examination as a prerequisite to employment by the state. 1963-65 Op. Att'y Gen. p. 678 (rendered prior to 1996 amendment).

RESEARCH REFERENCES

Am. Jur. 2d.

- Am. Jur. 2d, New Topic Service, Americans with Disabilities Act, §§ 1 et seq., 281 et seq.

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.