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 on the basis of 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.
The law covers employers with 15 or more employees (SC Stat. Sec. 4112.01).
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South Carolina does not have a state law that specifically requires employers to offer pregnancy leave. However, the Human Affairs Law requires employers to provide the same leave benefits to women disabled by pregnancy as are provided to other employees with temporary disabilities.
This means that employers can provide leave for employees with temporary disabilities, including pregnancy disability, with or without pay, or not provide it at all, as long as all employees are treated the same in their requests for temporary disability leave.
Some states have family and medical leave laws that require employers to provide unpaid leave for an employee's own illness, including pregnancy, or to care for a newborn. South Carolina does not have such a law.
However, if an employer does offer leave to care for a newborn, the state Human Affairs Law would most likely be interpreted to require that the leave be offered to both male and female employees.
State employees may use up to 6 weeks of accrued sick leave to care for an adopted child after placement if the employee is the ...

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