South Carolina Leave of Absence (FMLA) laws & HR compliance analysis

South Carolina Leave of Absence (FMLA): What you need to know

Some states have laws that require private employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness, but South Carolina does not have such a law. However, South Carolina private employers with 50 or more employees are covered by the federal Family and Medical Leave Act (FMLA). South Carolina employers with fewer than 50 employees are free to provide paid or unpaid family leave or not at their own discretion.
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The leave provisions apply to all state agencies, departments, and institutions.
All permanent full-time state employees are entitled to 15 days' sick leave per year with pay. Permanent part-time and hourly employees are entitled to sick leave prorated on the basis of 15 days per year. Employees are also entitled to annual leave based on the length of service with the state.
Employees may not use more than eight days per year to care for ill members of their immediate families. An adoptive parent may use up to 6 weeks of accrued sick leave to care for an adopted child after placement. Annual leave may be taken for illness or maternity leave when all available sick leave has been taken.
“Immediate family” means the employee's spouse and child, and the following relations to the employee or the employee's spouse: mother, father, brother, sister, legal guardian, grandparent, and grandchild if the grandchild resides with the employee and the employee is the primary caretaker of the grandchild.
Sick leave is accumulated at the rate of 11/4 days per month and may be ...

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