South Carolina Maternity and Pregnancy laws & HR compliance analysis

South Carolina Maternity and Pregnancy: What you need to know

The South Carolina Human Affairs Law prohibits employment practices that discriminate based on sex, which includes discrimination based on pregnancy or any medical condition related to pregnancy or childbirth.
Women affected by pregnancy, childbirth, or related medical conditions must be treated the same for all employment purposes, including coverage under employee benefits, as are other employees who are temporarily disabled but similar in their ability to work.
Employers are prohibited from requiring an employee to take leave under any leave law or policy if another reasonable accommodation can be provided for needs arising from pregnancy, childbirth, or related medical conditions.
The law covers employers with 15 or more employees (SC Code Sec. 1–13–80).
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On June 25, 2020, South Carolina Governor Henry McMaster signed the South Carolina Lactation Support Act (the Act) into law. The Act requires covered employers to provide employees with reasonable unpaid break time, or paid break time or mealtime, each day to express breast milk. “Covered employers” include any person or entity that employs one or more employees, including the state government and its political subdivisions (see A141, R146, H3200).
The Act went into effect on June 25, 2020. By July 25, 2020, the South Carolina Human Affairs Commission (SCHAC) was required to post on its website information to educate employers, employees, and employment agencies about their rights under the Act.
Employers must then comply with the Act by August 24, 2020.
Under the Act, employers are required to make reasonable efforts to provide a room or other location, other than a toilet stall, in ...

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