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South Carolina Leave Laws Mandates
South Carolina’s leave law is primarily governed by the federal regulations, especially the Family and Medical Leave Act (FMLA). While the state’s government has set extra rules for public sector employees, most private employers determine their own policies. A few unique laws apply to the state workers or in case of specific situations, but otherwise, South Carolina gives much power to employers to draft their own policies.
Individual Leave Law
South Carolina Sick Leave Law
The state of South Carolina does not mandate private sector employees to offer paid or unpaid sick leave. If you work for a private company, your sick leave depends on the employer’s policies. On the other hand, the state government employees receive up to 15 sick days per annum, with an option to use 10 days annually for family care.
South Carolina Paid Time Off (PTO) Law
The state has not put any compulsions on private employers to provide paid time off or vacation days to its employees. If they provide PTO, they must write it in their policy document and duly inform the employees. Meanwhile, South Carolina’s law does allow “use-it-or-lose-it” PTO, and employers are not mandated to pay out unused PTO at separation only if their written policy dictates so.
South Carolina Family and Medical Leave (FMLA) Law
The state relies on the federal FMLA for family and medical leave protection. All eligible employees of companies with equal to or more than 50 workers can take up to 12 weeks of unpaid, job-protected leave per annum for medical reason or family care such as new child, serious health conditions, or military caregiving.
Some state employees may be eligible to receive paid parental leave; up to 6 weeks for childbirth or adoption, 2 weeks for non-birth or foster parents, depending on the event.
South Carolina Bereavement Leave Law
Unlike private employees, state workers are entitled to receive up to 3 consecutive workdays of paid bereavement leave upon the death of an immediate family member. Private companies can provide leaves as per their discretion, as per their company policies. However, they are not legally entitled to offer so.
South Carolina Domestic Violence Leave Law
At present, the state does not require employers to offer specific leave to victims of domestic violence. Employees can use their available PTO or sick leaves (if offered) or request employers for unpaid leave as per the company policies to recover. The federal FMLA may apply in some cases, such as medical treatment related to domestic violence.
South Carolina Leave Type, Eligibility and Duration
| Type of Leave | Eligibility | Duration & Description |
|---|---|---|
| Paid Sick Leave (Public) | State employees | Up to 15 days/year; 10 can be used for family illness |
| Sick Leave (Private) | Employer discretion | No state mandate; policies depend on employer |
| Paid PTO/Vacation | Employer discretion | No state mandate; “use-it-or-lose-it” allowed; no payout required at separation |
| Unpaid FMLA | Employees of covered employers (50+) | Up to 12 weeks per 12 months for birth, adoption, or serious health condition |
| Paid Parental Leave | Eligible state employees | 6 weeks (birth/adoptive); 2 weeks (non-birth/foster per event) |
| Bereavement (Public) | State employees | Up to 3 paid days for immediate family |
| Bereavement (Private) | No mandate; employer discretion | As per employer policy |
| Domestic Violence Leave | No mandate | Not required by law; may use PTO/sick leave if available |
| Jury Duty Leave | All employees | Job protection required; unpaid; cannot be fired or demoted for serving |
| Military Leave | State/public employees, National Guard | Up to 15 paid days/year for training plus extensions for emergencies |
| Voting Leave | No explicit requirement | Not required by state law; absentee options available |
Specific Leave Section
Some of the most notable, state-specific leaves are as follows:
- Paid Sick and Bereavement Leave (Public Sector): State workers are entitled to receive up to 15 sick days per annum and up to 3 days of paid bereavement leave the grieve the loss of immediate family members.
- Paid Parental Leave (Public Sector): State employees get 6 weeks of paid leave for childbirth or adoption and 2 weeks for non-birth or foster parenting.
- Military Leave (Public Sector): State workers can avail up to 15 days of paid leave for training plus extensions for declared emergencies.
- Jury Duty Protection: Job protection for all employees who serve on a jury. Employers cannot retaliate against employee jury duty.
- No Paid Domestic Violence Leave: South Carolina does not have any specific leave law for the victims of domestic violence.
Leave Notice Documentation Table
| Leave Type | Notice Required | Documentation Required |
|---|---|---|
| FMLA | 30 days advance if foreseeable | Medical certification or legal documents |
| Sick Leave | As soon as practicable | None under law; doctor’s note if policy |
| PTO/Vacation | Per employer policy | Per employer policy |
| Parental Leave | Per employer/agency policy | Birth, adoption, or foster placement documents |
| Bereavement | ASAP per employer policy | Death certificate/obituary if requested |
| Jury Duty | Notify ASAP after summons | Jury summons/court document |
| Military Leave | Advance notice if possible | Military orders/call-up papers |
| Voting Leave | Per employer policy | None required |
| Domestic Violence | Per employer policy | Legal/medical documents if requested |
