A Guide to South Carolina Employee Leave Laws

As an employer in South Carolina, it's crucial to understand the state's employee leave laws to ensure compliance and maintain a positive work environment. Failing to adhere to these regulations can lead to legal consequences and damage employee morale. South Carolina's employee leave laws cover various types of leave, including annual leave, parental leave, and family leave, each with its own set of requirements and eligibility criteria.

In this blog post, we'll provide an overview of the key employee leave laws in South Carolina, helping you navigate the complexities and make informed decisions for your business.

Overview of Employee Leave Laws in South Carolina

South Carolina's employee leave laws encompass several categories, each designed to protect workers' rights and promote work-life balance. The main types of leave covered by South Carolina law include:

• Annual Leave: Employees in full-time equivalent (FTE) positions who work at least half of the workdays in a month are eligible to earn annual leave. The accrual rate depends on the employee's length of service, with bonus leave available for those with more than 10 years of state service.

• Parental Leave: As of October 1, 2022, eligible state employees are entitled to either six weeks (for the birth parent) or two weeks (for the non-birth parent) of paid parental leave at 100% of their base pay for qualifying events, such as the birth, adoption, or foster care placement of a child.

• Family Leave: While South Carolina does not have a state-specific family leave law, employers must still comply with the federal Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons.

Understanding these leave laws is essential for employers to develop compliant policies, communicate effectively with employees, and avoid potential legal issues. By staying informed and proactively managing employee leave, you can create a supportive work environment that benefits both your business and your workforce.

Annual Leave Entitlements in South Carolina

South Carolina's employee leave laws provide clear guidelines for annual leave eligibility, accrual rates, usage, and carryover. Understanding these provisions is crucial for employers to ensure compliance and effectively manage employees' time off.

Eligibility for Annual Leave

• Full-time equivalent (FTE) employees: Those scheduled to work at least half the workdays in a month are eligible to earn annual leave, beginning from their first month of employment. However, teaching personnel and officials of academic rank at higher education institutions are not eligible under these regulations.

• Part-time FTE employees: Part-time employees in FTE positions earn annual leave on a pro-rata basis, determined by dividing their regularly scheduled weekly hours by five to calculate their average workday.

Annual Leave Accrual Rates in South Carolina

• State service time: An employee's leave accrual date reflects all state service in an FTE position, including part-time service, adjusted for any breaks in service. This also includes service as a certified employee in a permanent school district position and any temporary capacity counted toward the probationary period.

• Bonus annual leave: After completing 10 years of state service, employees earn a bonus of 1 1/4 workdays of annual leave per year for each year of service over 10 years, beginning the month after their leave accrual date.

Maximum Annual Leave Usage and Carryover in South Carolina

• Usage limit: Generally, employees may not use more than 30 workdays of annual leave in a calendar year. For FMLA qualifying reasons, agencies may allow employees who have exhausted all eligible sick leave and 30 days of annual leave to use any remaining annual leave for emergencies or serious health conditions.

• Carryover limit: Employees may carry forward up to 45 average workdays of unused annual leave from one calendar year to the next. Upon separation from employment, employees receive a lump-sum payment for unused annual leave not exceeding 45 days, with some exceptions for retired members of the South Carolina Police Officers Retirement System (PORS) and other retirees hired after June 30, 2005.

By adhering to these employee leave laws in South Carolina, employers can foster a positive work environment, maintain compliance, and effectively manage their workforce's annual leave entitlements.

Paid Parental Leave in South Carolina

South Carolina's employee leave laws took a significant step forward with the introduction of paid parental leave for state employees. On May 13, 2022, Governor Henry McMaster signed S. 11 into law, providing eligible state employees with paid leave for qualifying events such as the birth, adoption, or foster care placement of a child. This law became effective on October 1, 2022, marking a milestone in the state's commitment to supporting working families.

To be eligible for paid parental leave under S. 11, employees must occupy all or part of a full-time equivalent (FTE) position. There is no service requirement for eligibility, meaning employees in FTE positions are immediately eligible for paid parental leave upon the occurrence of a qualifying event.

The duration of paid parental leave varies depending on the employee's role in the qualifying event:

• Birthing parents: Eligible state employees who give birth are entitled to receive six weeks of paid parental leave at 100% of their base pay.

• Non-birthing parents: Other eligible state employees, such as fathers, adoptive parents, or foster parents, are entitled to receive two weeks of paid parental leave at 100% of their base pay.

It's important to note that paid parental leave must be taken consecutively, and the entitlement expires 12 months after the qualifying event. If both parents are eligible state employees, they may take paid parental leave concurrently, consecutively, or at different times within the 12-month period.

The introduction of paid parental leave in South Carolina represents a significant advancement in the state's employee leave laws, providing much-needed support for working parents during a critical time in their lives. By understanding and implementing these regulations, employers can foster a more inclusive and family-friendly workplace while ensuring compliance with state law.

Proposed Changes to Family Leave Laws in South Carolina

As South Carolina continues to prioritize the well-being of its workforce, the state's General Assembly is considering further enhancements to employee leave laws. In the 2023-2024 session, Senators Jackson and Shealy introduced S. 27, a bill that aims to expand paid parental leave for eligible state employees.

The proposed legislation seeks to amend Sections 8-11-150 and 8-11-155 of the South Carolina Code of Laws, which currently provide six to twelve weeks of paid parental leave for eligible state employees, depending on their role in the qualifying event. Under the new bill, the duration of paid parental leave would increase:

• Birthing parents: Eligible state employees who give birth would be entitled to receive twelve weeks of paid parental leave at 100% of their base pay, up from the current six weeks.

• Non-birthing parents: Other eligible state employees, such as fathers, adoptive parents, or foster parents, would be entitled to receive four weeks of paid parental leave at 100% of their base pay, doubling the current two-week provision.

The proposed changes demonstrate South Carolina's ongoing commitment to supporting working families and promoting a healthy work-life balance. By extending the duration of paid parental leave, the state aims to provide parents with more time to bond with their newborns, adopted, or foster children without facing financial hardship.

As of November 14, 2024, S. 27 is still making its way through the legislative process. The bill was introduced and read for the first time on January 10, 2023, and subsequently referred to the Senate Committee on Judiciary. Its progress will be closely monitored by employers and employees alike, as the potential changes could have a significant impact on the state's employee leave laws.

While the outcome of S. 27 remains to be seen, it is crucial for employers to stay informed about the latest developments in South Carolina's employee leave laws. By understanding the current regulations and proposed changes, businesses can ensure compliance, foster a supportive work environment, and attract and retain top talent in an increasingly competitive labor market.

Wage Payment Laws Affecting Leave in South Carolina

In addition to the specific employee leave laws in South Carolina, employers must also be aware of the state's wage payment regulations, which can impact leave policies and practices. The South Carolina Payment of Wages Act ([SC Code of Laws Title 41, Chapter 10](https://www.scstatehouse.gov/code/t41c010.php)) sets forth requirements for employers regarding the timely payment of wages, notification of pay-related information, and consequences for violations.

Under the Payment of Wages Act, employers have several key obligations:

• Notification: Employers must notify employees in writing at the time of hiring about the normal hours and wages agreed upon, the time and place of payment, and any deductions that will be made from their wages. This information can be provided through a posted notice or individual written statements.

• Timely payment: Wages must be paid on a regular payday, which should not exceed 30 days from the last pay period. When an employee is separated from the payroll, the employer must pay all wages due within 48 hours of the time of separation or the next regular payday, whichever occurs first.

• Deductions: Employers cannot withhold or divert any portion of an employee's wages unless required or permitted by state or federal law, or if the employer has given written notification of the deductions as required by the Act.

Violations of the Payment of Wages Act can result in civil penalties, with a written warning for the first offense and fines of up to $100 for each subsequent violation. Employees may also bring civil actions to recover unpaid wages, with the potential to receive three times the amount of unpaid wages plus costs and reasonable attorney's fees.

While the Payment of Wages Act does not directly address employee leave laws in South Carolina, it is essential for employers to consider its provisions when developing and implementing leave policies. For example, when an employee takes paid leave, the employer must ensure that the wages are paid in accordance with the Act's requirements for timely payment and proper notification of any deductions.

Moreover, when an employee separates from employment, the employer must pay out any accrued but unused paid leave, such as annual leave, in accordance with the Act's provisions for final wage payments. Failure to comply with these requirements could lead to penalties under the Payment of Wages Act, in addition to any consequences for violating specific employee leave laws in South Carolina.

By understanding and adhering to both the state's employee leave laws and wage payment regulations, employers can create a compliant and supportive work environment that respects employees' rights and promotes a healthy work-life balance.

Navigating Leave Laws as a South Carolina Employer

As an employer in South Carolina, staying informed about current and proposed employee leave laws is crucial for maintaining compliance and fostering a positive work environment. With the landscape of leave laws constantly evolving, it's essential to regularly review and update your employee handbooks and policies to ensure they align with the latest regulations.

When updating your leave policies, consider the following:

• Annual Leave: Clearly outline eligibility criteria, accrual rates, maximum usage, and carryover provisions for annual leave, in accordance with South Carolina's regulations.

• Paid Parental Leave: Include information about the state's paid parental leave law, specifying eligibility requirements, duration of leave, and the process for requesting leave.

• FMLA: While South Carolina does not have a state-specific family leave law, ensure that your policies comply with the federal FMLA, detailing eligibility, qualifying reasons for leave, and employee rights and responsibilities.

• Proposed Changes: Keep an eye on proposed legislation, such as S. 27, which aims to expand paid parental leave for state employees. Be prepared to update your policies if and when such changes are enacted.

In addition to updating your written policies, it's crucial to communicate any changes to your employees and provide training for managers and supervisors to ensure consistent application of leave laws across your organization.

If you need guidance on navigating employee leave laws in South Carolina, several resources are available to assist employers. The South Carolina Department of Labor, Licensing and Regulation (LLR) offers valuable information and support, including:

• Technical Assistance: The LLR provides technical assistance to employers seeking to understand and comply with state labor laws, including those related to employee leave.

• Educational Materials: The LLR offers educational materials, such as fact sheets and guides, to help employers stay informed about their rights and responsibilities under South Carolina's leave laws.

• Complaint Resolution: If an employee files a complaint related to leave laws, the LLR can investigate and work with employers to resolve the issue and ensure future compliance.

By staying proactive, regularly updating your policies, and seeking guidance when needed, you can successfully navigate the complex landscape of employee leave laws in South Carolina, promoting a compliant and supportive workplace for your employees.

As you navigate employee leave laws in South Carolina, remember that staying informed and proactive is key to maintaining compliance and fostering a positive work environment. We understand the challenges that come with managing HR, payroll, and benefits, which is why we're here to help. If you're looking for a comprehensive solution to streamline your HR processes and ensure compliance, book a demo with GoCo today and discover how our platform can support your business.