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O.C.G.A. § 45-20-93 — Grounds for termination from employment | Georgia Code
O.C.G.A. § 45-20-93 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 20. Personnel Administration, 45-20-1 through 45-20-111.

ARTICLE 5 RANDOM DRUG TESTING OF EMPLOYEES IN HIGH-RISK JOBS

45-20-93. Grounds for termination from employment.

  1. Any employee conducting high-risk work found to have used an illegal drug shall be terminated from his or her employment.
  2. Any employee who refuses to provide body fluid specimens, when requested to do so in accordance with the random drug testing conducted pursuant to this article and administrative rules and regulations promulgated under this article, shall be terminated from his or her employment.

(Code 1981, §45-20-93, enacted by Ga. L. 1990, p. 2028, § 1; Ga. L. 2012, p. 446, § 1-1/HB 642.)

Editor's notes.

- 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."

OPINIONS OF THE ATTORNEY GENERAL

Disqualification from employment after resignations.

- There is nothing in O.C.G.A. § 45-20-93 nor in the associated State Personnel Board rules that prohibits the employee from resigning, so long as employment is terminated. However, even if the employee resigns rather than be fired, the employee must still be disqualified from future employment for at least two years under the State Personnel Board rules. 1992 Op. Att'y Gen. No. 92-25.

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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.