South Carolina Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)
⚠️Informational only — not legal or tax advice.
Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of South Carolina, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- Quick Reference — South Carolina Paid Leave Snapshot
- Paid Sick Leave in South Carolina
- Paid Family & Medical Leave in South Carolina
- Maternity, Paternity & Parental Leave in South Carolina
- Federal FMLA in South Carolina
- Other Protected Leave Categories in South Carolina
- 2026 Updates & Recent Legislative Changes in South Carolina
- How to File a Leave Complaint in South Carolina
- Interstate Considerations for Remote Workers in South Carolina
- Frequently Asked Questions
- Sources & Verification Log
Introduction
South Carolina does not require private employers to provide paid sick leave, and the state does not operate a mandatory paid family and medical leave program. At the federal level, the Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave. South Carolina does, however, have a notable distinction among Category C states: the state enacted the South Carolina Paid Family Leave Insurance Act (Act 206, SC Code Title 38, Chapter 103) in May 2024, authorizing private insurers to offer voluntary paid family leave insurance products to employers — participation is not required. This page compiles current requirements from the South Carolina Department of Labor, Licensing and Regulation, the South Carolina Department of Administration, and the U.S. Department of Labor.
Quick Reference — South Carolina Paid Leave Snapshot
| Montana Paid Leave Snapshot (2026) | |
|---|---|
| Category | Status |
| Mandatory Paid Sick Leave | No state mandate for private employers |
| Governing Statute | No private-sector statute; MCA § 2-18-618 governs state employees |
| Administering Agency | Montana Department of Labor & Industry — dli.mt.gov |
| Paid Family & Medical Leave Program | No state-run program |
| PFML Program Name | N/A — Federal FMLA Only |
| PFML Weekly Benefit (Maximum) | N/A |
| PFML Duration | N/A |
| FMLA Applies | Yes (Federal baseline — all qualifying employers) |
| Pregnancy Leave Requirement | Yes — reasonable leave of absence required of all employers under MCA § 49-2-310 |
| Information Current As Of | March 2026 |
Sources: SC Department of Labor, Licensing and Regulation — llr.sc.gov · SC Department of Administration — admin.sc.gov · SC Legislature — scstatehouse.gov · U.S. Department of Labor FMLA — dol.gov/agencies/whd/fmla
Paid Sick Leave in South Carolina
South Carolina does not mandate paid sick leave for private-sector employees. No statewide statute requires private employers to provide paid or unpaid sick time beyond the protections available under federal FMLA. The SC Department of Labor, Licensing and Regulation has confirmed that sick leave for private employees is governed entirely by employer policy and contract. (SC Department of Labor, Licensing and Regulation — Wage FAQ) If an employer establishes a sick leave policy, accrued sick leave qualifies as wages under SC Code § 41-10-10(2) and must be administered according to the terms of that policy.
State employees in South Carolina earn paid sick leave at a rate governed by state personnel regulations — up to 15 sick days per year, with up to 10 days usable annually for family care — administered through the SC Department of Administration. (SC Department of Administration — Benefits and Leave) This benefit applies exclusively to public-sector workers. No local paid sick leave ordinances are currently in effect in any South Carolina municipality.
Workers in South Carolina seeking to compare their leave environment with nearby states that have adopted mandatory paid sick leave may find the North Carolina paid leave laws and Georgia paid leave laws pages useful references. Employees who work remotely in South Carolina for employers headquartered in a state with mandatory paid sick leave should consult South Carolina remote work laws for guidance on which state’s law governs their situation.
Paid Family & Medical Leave in South Carolina
South Carolina does not operate a mandatory state-funded paid family and medical leave program. Workers who need extended leave for the birth of a child, a serious health condition, or care for a family member rely on federal FMLA (Section 4 below) and any employer-provided benefits such as voluntary paid leave, short-term disability insurance, or accrued paid time off.
Voluntary Paid Family Leave Insurance Act (Act 206, 2024): South Carolina enacted a distinctive measure in May 2024 — the Paid Family Leave Insurance Act (Act 206, H.4832), codified at SC Code Title 38, Chapter 103. Signed by Governor McMaster on May 21, 2024, this law authorizes insurance carriers licensed in South Carolina to offer voluntary paid family leave insurance policies to employers. Employer participation is not required. Where an employer purchases such a policy, employees may receive income replacement benefits for at least two weeks per 52-week period for qualifying family leave events including bonding with a new child, care for a family member with a serious health condition, and qualifying military exigency. (SC Legislature — Act 206, H.4832) The SC Department of Insurance is required to publish annual reports on insurer participation and employer uptake beginning January 1, 2025. (SC Legislature — SC Code Title 38, Chapter 103)
This voluntary framework is distinct from a mandatory PFML program: no payroll contributions are deducted from employees statewide, and no wage replacement benefit is guaranteed to any employee unless their employer has voluntarily purchased a qualifying policy.
Maternity, Paternity & Parental Leave in South Carolina
How Long Is Maternity Leave in South Carolina?
Maternity leave duration in South Carolina depends on which federal and employer-provided protections apply to the individual employee. At the federal level, FMLA provides eligible employees up to 12 weeks of unpaid, job-protected leave for the birth of a child or for pregnancy-related serious health conditions. (U.S. Department of Labor — FMLA) FMLA applies to employers with 50 or more employees within a 75-mile radius; employees must have worked at least 12 months and 1,250 hours in the preceding year.
South Carolina has no state pregnancy disability leave law equivalent to those found in California or New Jersey. The federal Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy in all employment terms, and requires employers who provide disability benefits for other temporary conditions to provide equivalent benefits for pregnancy-related disability. Beyond the PDA, the primary leave entitlement for birthing employees at FMLA-covered employers is the federal FMLA. For employees at employers with fewer than 50 employees who are not FMLA-covered, no state statute independently requires unpaid maternity leave.
State employees are a notable exception: under SC Code § 8-11-155 (signed into law May 2022), eligible state employees receive six weeks of paid parental leave at 100% of base pay for the birth of a child or initial legal adoption placement, and two weeks of paid parental leave for co-parents or foster placements. (SC Department of Administration — Parental Leave) This benefit applies exclusively to FTE employees of SC state agencies, departments, and institutions and does not extend to private-sector employees.
Is Maternity Leave Paid in South Carolina?
Maternity leave in South Carolina is unpaid for private-sector employees through both federal FMLA and state law. South Carolina has no state-funded paid maternity benefit, no state temporary disability insurance (TDI) program, and no mandatory PFML program. Options for income during maternity leave include employer-sponsored short-term disability insurance, accrued paid time off under employer policy, and voluntary employer paid parental leave programs. Where an employer has purchased a South Carolina Paid Family Leave Insurance policy under Act 206, employees covered by that policy may receive income replacement for at least two weeks of qualifying bonding leave. (SC Legislature — Act 206, H.4832)
Paternity Leave and Parental Leave in South Carolina
Federal FMLA is the primary leave entitlement for fathers and non-birthing parents at covered employers: up to 12 weeks of unpaid, job-protected bonding leave during the first year after a child’s birth, adoption, or foster placement. (U.S. Department of Labor — FMLA) FMLA bonding leave is gender-neutral — fathers, same-sex partners, and adoptive parents have the same entitlement as birthing mothers. South Carolina does not require private employers to provide paid or unpaid paternity leave beyond the FMLA baseline. State employees are entitled to two weeks of paid parental leave for co-parent events (non-birth parent bonding, foster placement) under SC Code § 8-11-155. (SC Department of Administration — Parental Leave)
Federal FMLA in South Carolina
The Family and Medical Leave Act (FMLA) is the foundational leave protection for South Carolina workers who need extended time away from work for family or medical events. With no mandatory state paid family leave program and no state paid sick leave mandate, FMLA is the primary legal entitlement for most private-sector employees in South Carolina. Comprehensive guidance on federal FMLA mechanics is also available at the federal FMLA guide.
FMLA Coverage and Eligibility in South Carolina
FMLA applies to private employers with 50 or more employees within a 75-mile radius, and to all public agencies regardless of size, including state and local governments and public school systems. (U.S. Department of Labor — FMLA) To be eligible, an employee must have worked for the covered employer for at least 12 months, logged at least 1,250 hours in the 12 months preceding the leave, and work at a location where the employer has 50 or more employees within 75 miles.
Eligible employees are entitled to up to 12 workweeks of unpaid, job-protected leave per 12-month period for qualifying reasons. An extended entitlement of up to 26 workweeks applies for military caregiver leave. Health insurance must be maintained by the employer during FMLA leave on the same terms as if the employee had continued working.
Qualifying Reasons Under FMLA
Federal FMLA leave in South Carolina covers the following qualifying reasons, as established under 29 U.S.C. § 2612 and administered by the U.S. Department of Labor Wage and Hour Division:
- Birth of a child and care for the newborn within the first year
- Placement of a child with the employee through adoption or foster care, and care within the first year
- Care for a spouse, child, or parent with a serious health condition
- The employee’s own serious health condition rendering the employee unable to perform essential job functions
- Qualifying exigency arising from a family member’s covered active military duty
- Military caregiver leave for a covered servicemember or veteran with a serious injury or illness (up to 26 weeks)
(U.S. Department of Labor — FMLA)
Is FMLA Paid or Unpaid in South Carolina?
South Carolina FMLA is unpaid. The federal FMLA statute does not require wage replacement. South Carolina has no mandatory state PFML program that runs concurrently to supplement FMLA pay. Employees may elect — or employers may require — the substitution of accrued paid leave (vacation, sick, or PTO) during FMLA, to the extent permitted by employer policy. (U.S. Department of Labor — FMLA) Where an employer has purchased a voluntary paid family leave insurance policy under SC Code Title 38, Chapter 103, benefits under that policy may be coordinated with or offset against FMLA leave, per the policy terms.
Does FMLA Apply to Small Businesses in South Carolina?
Federal FMLA does not apply to private employers with fewer than 50 employees within a 75-mile radius. South Carolina has no state family and medical leave law extending FMLA-equivalent protections to smaller employers. Unlike Montana, South Carolina has no separate state pregnancy leave statute requiring all employers to grant unpaid maternity leave regardless of size. Employees of small private businesses in South Carolina who are not covered by FMLA have access to leave only through their employer’s voluntary policies or any applicable insurance benefits. (U.S. Department of Labor — FMLA)
How to Request FMLA Leave in South Carolina
An employee seeking FMLA leave must notify the employer of the need for leave, providing 30 days’ advance notice when the need is foreseeable, or as soon as practicable when it is unforeseeable. The employer must provide an eligibility notice and rights-and-responsibilities notice, and may require medical certification from a health care provider. The employer is required to designate qualifying leave as FMLA leave, notify the employee of that designation, and maintain health insurance during the leave period. Upon return, the employee is entitled to the same or an equivalent position. (U.S. Department of Labor — FMLA)
Other Protected Leave Categories in South Carolina
Bereavement Leave
South Carolina does not require private employers to provide bereavement leave. No state statute mandates paid or unpaid bereavement leave for private-sector employees. State employees are entitled to up to three days of paid bereavement leave under state personnel regulations. (SC Department of Administration — Benefits and Leave)
Jury Duty Leave
South Carolina law requires employers to provide job-protected, unpaid leave for jury service. Under SC Code § 41-1-70, an employer may not dismiss or demote an employee who complies with a valid subpoena to serve on a jury. Employees may sue an employer for violating this protection; damages for wrongful dismissal are capped at one year’s salary or wages. (SC Code of Laws — Title 41, Chapter 1) Employers are not required to pay employees during jury leave.
Voting Leave
South Carolina has no law requiring employers to grant paid or unpaid time off for employees to vote. (SC Department of Labor, Licensing and Regulation — Wage FAQ)
Domestic Violence / Crime Victim Leave
South Carolina has no state statute specifically requiring private employers to provide leave for victims of domestic violence or crime. Employees may use FMLA in applicable circumstances (e.g., when seeking medical treatment related to domestic violence qualifies as a serious health condition). (U.S. Department of Labor — FMLA)
Military Leave
Federal USERRA requires all South Carolina employers to provide unpaid, job-protected leave for military service and guarantees reemployment rights upon return. South Carolina additionally provides by state law that members of the SC National Guard and SC State Guard called to active duty by the governor are entitled to unpaid, job-protected leave with reinstatement to the same or a comparable position upon discharge. (SC Legislature — SC Code Title 25)
2025–2026 Updates & Recent Legislative Changes
What Changed in South Carolina Paid Leave Laws in 2024–2026?
Paid Family Leave Insurance Act enacted (May 2024): The most significant recent development in South Carolina leave law is the enactment of Act 206 (H.4832), signed by Governor McMaster on May 21, 2024, and effective immediately. This legislation added SC Code Title 38, Chapter 103, authorizing licensed insurers to sell voluntary paid family leave insurance policies to employers. Qualifying policies must provide at least two weeks of income replacement per 52-week period for covered leave events. The SC Department of Insurance was required to begin annual reporting on uptake by January 1, 2025. (SC Legislature — Act 206) This framework does not establish a mandatory PFML program; employer participation remains entirely voluntary.
State Employee Parental Leave (enacted 2022, in effect): Under SC Code § 8-11-155, eligible state employees currently receive six weeks of paid parental leave for birth or adoption events and two weeks for co-parent or foster events. This provision, signed into law in May 2022 and effective for qualifying events from October 2022 onward, applies to FTE positions in state agencies, departments, and higher education institutions and does not extend to private-sector workers. (SC Department of Administration — Parental Leave)
Pending Legislation (2025–2026 Session)
The South Carolina General Assembly’s 126th Session (2025–2026) has seen several relevant leave-related bills introduced:
- H.3490 / H.3645 — Bills proposing expansion of paid parental leave for state employees (increasing from 6 to 12 weeks for birth events); as of March 2026 both are pending in Senate committee. These bills apply to state employees only and would not create a private-sector PFML program. (SC Legislature — H.3490; H.3645)
- H.3490 companion bill S.10 — A Senate companion bill on paid family leave for state employees is also pending. (SC Legislature — S.10)
No private-sector paid sick leave mandate and no mandatory PFML program has been enacted as of March 2026. Current bill tracking is available through the South Carolina Legislature Bill Search.
How to File a Leave Complaint in South Carolina
Filing an FMLA Complaint
FMLA complaints are filed with the U.S. Department of Labor Wage and Hour Division (WHD). Employees may submit a complaint online or by contacting the WHD directly. Complaints must generally be filed within two years of the alleged violation, or within three years for willful violations.
- DOL WHD Complaint Portal: dol.gov/agencies/whd/contact/complaints
- DOL Office Locator (South Carolina offices): dol.gov/agencies/whd/contact
Filing a Wage Complaint
Employees who believe they are owed wages — including accrued leave treated as wages under SC Code § 41-10-10(2) — may file a complaint with the SC Department of Labor, Licensing and Regulation’s Wages and Child Labor Section.
- SC LLR Wage Complaint Portal: llr.sc.gov/wage/paymentofwages.aspx
- Fax: (803) 896-7680
- Mail: SC Department of Labor, Licensing and Regulation, Wages and Child Labor, P.O. Box 11329, Columbia, SC 29211-1329
Filing a Jury Duty Retaliation Claim
An employee dismissed or demoted in retaliation for jury service under SC Code § 41-1-70 may bring a civil action in South Carolina court. The SC Department of Labor, Licensing and Regulation administers general labor standards. (SC LLR)
Interstate Considerations for Remote Workers
South Carolina’s leave laws — primarily federal FMLA — apply based on where the employee performs work, not where the employer is headquartered. A South Carolina-based remote employee working for a company headquartered in a state with a mandatory paid family and medical leave program, such as New York or Massachusetts, may be covered by that state’s PFML program depending on how the program defines covered employees. Conversely, an employee working remotely in South Carolina for a South Carolina employer has access only to federal FMLA and any voluntary employer benefits, with no mandatory state PFML entitlement. Employers who have purchased a voluntary paid family leave insurance policy under SC Code Title 38, Chapter 103 should confirm with their insurer how that coverage applies to remote workers in other states. Additional guidance on multi-state employment considerations is available at South Carolina remote work laws.
Frequently Asked Questions — South Carolina Paid Leave
How does FMLA work in South Carolina?
FMLA in South Carolina provides eligible employees up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons, including the birth or adoption of a child, care for an immediate family member with a serious health condition, and the employee’s own serious health condition. Eligible employees must work for a covered employer (50 or more employees within a 75-mile radius), have worked for that employer for at least 12 months, and have logged at least 1,250 hours in the preceding year. (U.S. Department of Labor — FMLA)
How long is maternity leave in South Carolina?
Maternity leave in South Carolina is up to 12 weeks unpaid under federal FMLA for eligible employees at covered employers. South Carolina has no state pregnancy disability leave law independently requiring employers to grant maternity leave. Private-sector employees at employers not covered by FMLA have access to leave only through employer policy. State employees receive six weeks of paid parental leave under SC Code § 8-11-155. (SC Department of Administration — Parental Leave)
Is maternity leave paid or unpaid in South Carolina?
Maternity leave for private-sector employees in South Carolina is unpaid through federal FMLA. South Carolina has no state-funded paid maternity benefit or TDI program. State employees receive six weeks of paid parental leave at 100% of base pay. Private-sector employees may access income during leave through employer-sponsored short-term disability, accrued PTO, or voluntary employer paid leave benefits. (U.S. Department of Labor — FMLA)
Who is eligible for FMLA in South Carolina?
Employees are eligible for FMLA in South Carolina if they work for a covered employer, have at least 12 months of employment with that employer, and have worked at least 1,250 hours in the 12 months preceding the leave. Covered employers include private employers with 50 or more employees within 75 miles and all public agencies regardless of size. (U.S. Department of Labor — FMLA)
Is FMLA leave paid in South Carolina?
FMLA leave is unpaid in South Carolina. There is no mandatory state PFML program to supplement federal FMLA with wage replacement. Employees may substitute accrued paid leave during FMLA at their election or at the employer’s requirement, subject to employer policy. (U.S. Department of Labor — FMLA)
Does South Carolina have paid sick leave?
South Carolina does not have a statewide paid sick leave law for private-sector employees. No statute requires private employers to provide paid or unpaid sick leave beyond FMLA protections. State employees earn paid sick leave under state personnel policies administered by the SC Department of Administration. (SC Department of Labor, Licensing and Regulation)
Does South Carolina have paid family leave?
South Carolina does not have a mandatory state-funded paid family and medical leave program for private-sector employees. The state enacted the Paid Family Leave Insurance Act (Act 206, 2024), which allows but does not require employers to purchase voluntary paid family leave insurance policies. State employees receive paid parental leave under SC Code § 8-11-155. (SC Legislature — Act 206)
Does FMLA apply to small businesses in South Carolina?
Federal FMLA does not apply to private employers with fewer than 50 employees within a 75-mile radius. South Carolina has no state family and medical leave law extending FMLA-equivalent protections to smaller employers, and no state pregnancy leave statute covering all employers regardless of size. Employees at small businesses not covered by FMLA may have leave options only through their employer’s voluntary policies. (U.S. Department of Labor — FMLA)
How long is paternity leave in South Carolina?
Paternity leave for private-sector employees in South Carolina is up to 12 weeks unpaid under federal FMLA, for eligible employees at covered employers. FMLA bonding leave is gender-neutral and applies equally to fathers and non-birthing parents. State employees may receive two weeks of paid parental leave for co-parent bonding events under SC Code § 8-11-155. (U.S. Department of Labor — FMLA)
What is the South Carolina Paid Family Leave Insurance Act?
The South Carolina Paid Family Leave Insurance Act (Act 206, H.4832, signed May 21, 2024) is codified at SC Code Title 38, Chapter 103. It authorizes licensed insurance carriers to sell voluntary paid family leave insurance policies to South Carolina employers. Policies must provide at least two weeks of income replacement per 52-week period for qualifying events including bonding with a new child, care for a family member with a serious health condition, and military exigency. Employer participation is entirely voluntary — the Act does not require any employer to offer this coverage. (SC Legislature — Act 206)
Can an employer deny paid sick leave in South Carolina?
Because South Carolina does not mandate paid sick leave for private employers, there is no statutory right to paid sick leave that an employer could “deny.” If an employer has established a sick leave policy, that policy is enforceable as a wage commitment under SC Code § 41-10-10(2), and employees may file a wage complaint with SC LLR if the employer fails to honor it. (SC LLR — Wages and Child Labor)
What options exist for paid maternity leave in South Carolina?
Because South Carolina has no mandatory state paid maternity leave program, income during maternity leave typically comes from employer-sponsored short-term disability insurance (covering the period of medical disability related to pregnancy and delivery), accrued paid time off or vacation under employer policy, and any voluntary employer paid parental leave benefit. Where an employer has purchased a voluntary paid family leave insurance policy under Act 206, that coverage may also provide wage replacement for bonding leave. (SC Legislature — Act 206)
Is part-time employee FMLA eligibility different in South Carolina?
Part-time employees are eligible for FMLA in South Carolina if they meet the same requirements as full-time employees — 12 months of employment and at least 1,250 hours worked in the preceding 12 months. The 1,250-hour threshold may be more difficult for part-time workers to satisfy depending on their schedule, but there is no categorical exclusion of part-time employees from FMLA. (U.S. Department of Labor — FMLA)
How does FMLA interact with South Carolina’s voluntary paid family leave insurance?
Where an employer has purchased a voluntary paid family leave insurance policy under SC Code Title 38, Chapter 103, leave taken under that policy may run concurrently with FMLA leave. Policy terms govern whether benefits are offset by other income sources. The SC Paid Family Leave Insurance Act does not alter FMLA eligibility requirements or extend FMLA coverage to employers with fewer than 50 employees. (SC Legislature — Act 206; U.S. Department of Labor — FMLA)
Where is FMLA leave filed in South Carolina?
FMLA requests are submitted directly to the employee’s employer, not to a state or federal agency. If an employer denies or interferes with FMLA leave, complaints are filed with the U.S. Department of Labor Wage and Hour Division at dol.gov/agencies/whd/contact/complaints. South Carolina state employees submit FMLA requests through their agency’s human resources office. (U.S. Department of Labor — FMLA)
Sources & Verification Log
| South Carolina Paid Leave Laws — Sources & Verification Log | |||
|---|---|---|---|
| Section | Source | URL | Date Verified |
| Paid Sick Leave — Private Sector | SC Department of Labor, Licensing and Regulation — Wage FAQ | https://llr.sc.gov/wage/paymentofwages.aspx | March 2026 |
| Paid Sick Leave — State Employees | SC Department of Administration — Benefits and Leave | https://admin.sc.gov/services/state-human-resources/benefits-and-leave | March 2026 |
| Voluntary PFL Insurance Act | SC Legislature — Act 206, H.4832 | https://www.scstatehouse.gov/sess125_2023-2024/bills/4832.htm | March 2026 |
| SC Code Title 38, Chapter 103 | SC Legislature | https://www.scstatehouse.gov/sess125_2023-2024/bills/4832.htm | March 2026 |
| State Employee Paid Parental Leave | SC Department of Administration — Parental Leave | https://admin.sc.gov/services/state-human-resources/benefits-leave/parental-leave | March 2026 |
| State Employee PPL Statute | SC Legislature — SC Code § 8-11-155 | https://www.scstatehouse.gov/code/t08c011.php | March 2026 |
| FMLA — Federal | U.S. Department of Labor, Wage and Hour Division | https://www.dol.gov/agencies/whd/fmla | March 2026 |
| FMLA Complaints | U.S. Department of Labor WHD | https://www.dol.gov/agencies/whd/contact/complaints | March 2026 |
| Jury Duty Leave | SC Legislature — SC Code § 41-1-70 | https://www.scstatehouse.gov/code/t41c001.php | March 2026 |
| Wage Complaints | SC LLR — Wages and Child Labor | https://llr.sc.gov/wage/paymentofwages.aspx | March 2026 |
| Pending Legislation H.3490 | SC Legislature — 126th Session | https://www.scstatehouse.gov/sess126_2025-2026/bills/3490.htm | March 2026 |
| Pending Legislation H.3645 | SC Legislature — 126th Session | https://www.scstatehouse.gov/sess126_2025-2026/bills/3645.htm | March 2026 |
| Military Leave — SC | SC Legislature — SC Code Title 25 | https://www.scstatehouse.gov/code/t25c001.php | March 2026 |