FMLA - South Carolina

Covered employers

Unlike the FMLA, which covers nearly all employers, South Carolina’s sick leave applies only to state government employers.

Employee eligibility

To be eligible for leave benefits, an employee need only be a state employee. Unlike FMLA, an employee does not need to work a specified number of months or hours to be eligible for leave under South Carolina provisions.

Leave entitlement

Leave is only available to the extent of an eligible employee’s accrued sick leave. All permanent full-time state employees are entitled to 15 days of sick leave per year with pay. Sick leave is accrued at a rate of 1.25 days per month.

Type of leave

An eligible employee may use up to eight days of sick leave each year to care for ill members of their immediate families and up to six weeks of sick leave to arrange for an adoption or care for a child after adoption. Unlike the FMLA, South Carolina does not provide leave for the birth of a child or foster care placement.

Maintenance of health benefits

There is no state provision which requires an employer to maintain coverage under any group health plan while the employee is on leave. However, the FMLA requires that covered employers continue to provide group health insurance.

Job restoration

Unlike the FMLA, South Carolina does not provide job restoration rights to eligible employees.

Notice

Unlike the FMLA, South Carolina does not mandate any notice requirements.

Covered employers

The covered employers for this law is the state of SC, its departments, agencies, or institutions.

Eligible employees

To be eligible to take the leave, employees must occupy any percentage of a full-time equivalent position with the state, its departments, agencies, or institutions.

Leave entitlement

Employees who give birth are entitled to receive six weeks of paid parental leave. Other eligible state employees who do not give birth (e.g., foster care) are entitled to receive two weeks of paid parental leave.

For adoption, employees who are primarily responsible for furnishing the care and nurture of the child, are entitled to six weeks of paid parental leave. Employees who are not primarily responsible for furnishing the care and nurture of the child, are entitled to two weeks of paid parental leave.

Employees must receive no more than one occurrence of six or two weeks of paid parental leave for any 12-month period, even if more than one qualifying event occurs. A foster parent may request and receive approval for parental leave in nonconsecutive one-week time periods.

Days of paid parental leave for birth or foster placement must be taken consecutively, except that foster parents may request and receive approval for parental leave in nonconsecutive one-week time periods. If both parents are eligible, paid parental leave may be taken concurrently, consecutively, or a different time as the other eligible state employee.

Days of paid parental leave for adoption must be taken consecutively.

SC state employee paid parental leave must run concurrently with leave taken under the federal FMLA and any other unpaid leave to which the eligible state employee may be entitled as a result of the qualifying event.

Paid parental leave is not annual leave or sick leave and therefore does not deduct from the eligible state employee's accrued leave balance. An eligible state employee does not have to exhaust all other forms of leave before being eligible to take paid parental leave. Eligible state employees must accrue annual and sick leave at the normal rate while on paid parental leave, if applicable.

Reasons for leave

Eligible employees may take the paid parental leave for the following reasons:

• The birth of a newborn biological child to an eligible state employee or after a co-parent's birth of a newborn child or fostering a child in state custody.
  • The leave must be taken in the 12-month period beginning on the date of birth or initial legal foster placement.
• The initial legal placement of a child by adoption.
  • The leave must be taken in the 12-month period beginning on the date of initial legal adoption placement.

Maintenance of health benefits

The law does not specifically state that group health care benefits must be maintained. If the leave also falls under the federal FMLA, it would.

Job restoration

The law does not specifically include job protection. If the leave also falls under the federal FMLA, the employee’s job would be protected.

Notice

The law does not specifically include employee notice or employer notice requirements. The SC Division of Human Resources of the Department of Administration must come up with regulations, guidance, and procedures to implement this law, and those could include notices.

Covered employers

The law applies to all employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

Employee eligibility

No real eligibility criteria, the individual simply needs to have medical needs arising from pregnancy, childbirth, or related medical conditions.

Leave entitlement

While not a leave law, one form of accommodation is granting time off.

Notice

Employers must provide written notice to new employees upon hire; existing employees were to receive such notice by September 14, 2018. The notice must include information regarding the right to be free from discrimination for medical needs arising from pregnancy, childbirth, or related medical conditions. The notice must also be conspicuously displayed at your place of business in an area accessible to employees.