South Carolina Paid Family Leave Laws

As of January 3, 2025, South Carolina does not have a state-mandated Paid Family Leave (PFL) program for private-sector employees. However, state employees are entitled to paid parental leave under specific conditions. Additionally, all employees in South Carolina are covered under the federal Family and Medical Leave Act (FMLA), which provides unpaid, job-protected leave for qualifying family and medical reasons.

What is Paid Family Leave?

Paid Family Leave (PFL) allows employees to take compensated time off from work to address significant family needs, such as bonding with a new child or caring for a seriously ill family member. PFL supports employees in balancing work responsibilities with essential family obligations without financial hardship.

Does South Carolina Have Paid Family Leave Laws That Differ from Federal Family Leave Laws?

South Carolina does not have a state-mandated PFL program for private-sector employees. However, state employees are eligible for paid parental leave under certain conditions. In May 2022, Governor Henry McMaster signed into law a bill providing state employees with up to six weeks of paid parental leave for the birth, adoption, or fostering of a child.

This state provision differs from the federal FMLA, which offers up to 12 weeks of unpaid, job-protected leave for qualifying events.

What Counts as a Qualifying Event for Paid Family Leave in South Carolina?

For state employees, qualifying events for paid parental leave include:

• Birth of a Child: Leave granted to a state employee who has given birth.
• Adoption of a Child: Leave provided to a state employee who adopts a child.
• Foster Care Placement: Leave available to a state employee who becomes a foster parent.

For all employees, under the federal FMLA, qualifying events include:

• Birth and Care of a Newborn Child: Leave for the birth of a child and to care for the newborn within one year of birth.
• Adoption or Foster Care Placement: Leave for the placement of a child for adoption or foster care and to care for the newly placed child within one year of placement.
• Serious Health Condition: Leave to care for the employee’s spouse, child, or parent who has a serious health condition, or when the employee is unable to work due to a serious health condition.
• Military Family Leave: Leave for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”

Are There Requirements to be Eligible for Paid Family Leave in South Carolina?

For state employees to be eligible for paid parental leave, they must:

• Employment Status: Be a full-time or part-time employee of the state of South Carolina.
• Service Duration: Meet any additional requirements as specified by state regulations or the specific agency’s policies.

For all employees under the FMLA, eligibility criteria include:

• Employer Coverage: The employer must have 50 or more employees within a 75-mile radius.
• Employee Tenure: The employee must have worked for the employer for at least 12 months.
• Hours Worked: The employee must have completed at least 1,250 hours of service during the 12 months preceding the leave.

Is There a Minimum Amount of Paid Family Leave Time Required in South Carolina?

For state employees, the law provides:

• Primary Caregiver: Up to six weeks of paid parental leave at 100% of the employee’s base pay.
• Secondary Caregiver: Up to two weeks of paid parental leave at 100% of the employee’s base pay.

For private-sector employees, there is no state-mandated paid family leave. Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid leave within a 12-month period for qualifying events.

Is There a Minimum Amount of Maternity Leave Time Required in South Carolina?

For state employees, eligible birth mothers are entitled to six weeks of paid parental leave. For private-sector employees, there is no state-mandated maternity leave beyond the provisions of the FMLA, which allows up to 12 weeks of unpaid leave for maternity-related reasons.

Is Paternity Leave Required by Law in South Carolina?

For state employees, eligible fathers or secondary caregivers are entitled to two weeks of paid parental leave. For private-sector employees, there is no state-mandated paternity leave requirement beyond the FMLA provisions, which allow eligible employees to take unpaid leave for paternity purposes.

Who Pays for Paid Family Leave in South Carolina?

For state employees, paid parental leave is funded by the state government, providing eligible employees with their full base pay during the leave period. For private-sector employees, there is no state-mandated paid family leave program; under the FMLA, leave is unpaid. Employers may offer paid leave at their discretion or as part of company policy.

Conclusion

While South Carolina does not have a state-mandated Paid Family Leave program for private-sector employees, state employees benefit from paid parental leave provisions. All employees in South Carolina are covered under the federal FMLA, which provides unpaid, job-protected leave for qualifying family and medical reasons. Employers and employees should familiarize themselves with both state provisions for public employees and federal FMLA regulations to understand their rights and responsibilities regarding family and medical leave.