O.C.G.A.

O.C.G.A. § 45-2-40 (2019)

Employees to furnish certificate of physical fitness for employment

✓ 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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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.

History

(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.)

Annotations

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.