Employment Contract
Create a legally binding Georgia doula employment contract. Protect your practice with GA restrictive covenant compliance and non-medical scope of practice definitions.
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In Georgia, doulas must navigate a complex legal landscape where clarifying the non-medical nature of their work is essential to avoid unauthorized practice of medicine claims. Since Georgia is an... Read more
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In Georgia, doulas must navigate a complex legal landscape where clarifying the non-medical nature of their work is essential to avoid unauthorized practice of medicine claims. Since Georgia is an 'at-will' employment state under O.C.G.A. § 34-7-1, having a formal contract ensures that compensation for on-call availability, birth plan support, and labor boundaries are legally enforceable. This document protects both the doula and the employer by setting clear expectations for prenatal, labor, and postpartum care while strictly adhering to the Georgia Fair Business Practices Act.
Beyond the standard employment contract sections, this template adds fields specific to Doula:
An employment contract establishes a formal employment relationship between an employer and an employee, outlining the terms and conditions of employment, rights, obligations, and responsibilities of both parties. It provides legal protection and clarity, ensuring compliance with employment laws and minimizing the risk of misunderstandings and disputes.
Birth Outcome Liability
Include disclaimers in contracts that clarify the doula's role as non-medical and state explicitly that birth outcomes cannot be guaranteed.
Scope of Practice Violations
Draft clear scope of service documents that delineate non-medical support functions to avoid accusations of unauthorized medical practice.
Medical Advice Boundaries
Explicit contractual terms prohibiting the provision of medical advice and adherence to guidelines that require referral to medical professionals for medical issues.
For this employment contract to be legally valid:
Common mistakes to avoid:
State Regulations
The regulation of doulas is predominantly at the state level. Few states, such as Oregon and Minnesota, have voluntary doula certification programs. These programs often provide guidelines on practice standards and client collaboration.
Enforced by State Health Departments
HIPAA (Health Insurance Portability and Accountability Act)
While doulas are not typically covered entities under HIPAA, those who work within or have affiliations to healthcare systems may need to adhere to HIPAA standards to ensure the protection of client privacy and medical information.
Enforced by U.S. Department of Health and Human Services, Office for Civil Rights (HHS OCR)
Recommended coverage: Professional Liability Insurance (Errors & Omissions) · General Liability Insurance
Georgia does not currently mandate state-level licensing for doulas; however, voluntary certification from organizations like DONA or ICEA is industry standard. An employment contract should specify these credentials to establish professional standing and liability mitigation.
Under O.C.G.A. § 13-8-50 et seq., non-compete agreements for doulas must be reasonable in duration, geographic area, and scope of activity. Georgia courts will only enforce these if they protect a legitimate business interest, such as specific client lists or trade secrets.
Because birth timing is unpredictable, the contract must explicitly define the 24/7 on-call window (e.g., from 38 weeks gestation until birth) and the expected response time. This ensures compliance with Georgia wage and hour considerations regarding 'waiting to be engaged' versus 'engaged to wait'.
State laws affect what must be in this document. Pick your jurisdiction.
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