S 11

South Carolina General Assembly
126th Session, 2025-2026
Bill 11
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter Stricken
Indicates New Matter
Conference Report Adopted - Not Printed
June 25, 2026
S. 11
Introduced
by Senators Jackson and Davis
S. Printed 6/25/26--S.
Read the first time January 14, 2025
________
statement of estimated fiscal impact
Explanation of Fiscal Impact
<<section info>>
Frank A. Rainwater, Executive Director
Revenue and Fiscal Affairs Office
_______
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTIONS 8-11-150 AND 8-11-155, RELATING TO PAID PARENTAL LEAVE, SO AS TO AMEND
THE DEFINITION OF "ELIGIBLE STATE EMPLOYEE" AND TO INCREASE CERTAIN PAID
PARENTAL LEAVE.
Be it enacted by the General Assembly of the State of
South Carolina:
SECTION 1.  Section 8-11-150 of the S.C. Code is amended to read:
    Section
8-11-150.  (A) For the purposes of
this section:
       (1)
"Child" means a newborn biological child or foster of a child in state custody
and under the age of eighteen. No child can have more than two parents eligible
for paid parental leave.
       (2)
"Eligible state employee" means an employee occupying any
percentage of a full-time equivalent position any person
employed by any department, institution, commission, board, or any other unit
of government of this State who occupies a position eligible to earn annual
leave. This includes any person employed by a four-year or postgraduate
institution of higher education under the control of the State or a technical
college supported by and under the control of the State who occupies a full-time
equivalent, temporary grant, or time-limited position.
       (3)
"Paid parental leave" means six weeks of paid leave at one hundred percent of
the eligible state employee's base pay or twofour weeks of paid leave at one hundred percent of the
eligible state employee's base pay. Leave for part-time eligible state
employees must be on a prorated basis corresponding to the percentage of hours
they are normally scheduled to work.
       (4)
"Qualifying event" means the birth of a newborn biological child to an eligible
state employee or after a co-parent's birth of a newborn child or fostering a
child in state custody.
       (5) "Stillbirth" has the same meaning as
defined in Section 44-63-55.
    (B)
Eligible state employees who are employed by this State, its departments,
agencies, or institutions and who give birth or stillbirth
are entitled to receive six weeks of paid parental leave.  Other eligible state
employees who do not give birth are entitled to receive twofour weeks of paid parental leave.
An employee's paid parental leave is based on an employee's average workday.
    (C)
Paid parental leave usage includes the following:
       (1)
The entitlement to leave pursuant to subsection (B) expires at the end of the
twelve-month period beginning on the date of such birth or initial legal
placement. An eligible state employee shall receive no more than one occurrence
of six or twofour weeks
of paid parental leave for any twelve-month period, even if more than one
qualifying event occurs. However, nothing in this item prohibits a foster
parent from requesting and receiving approval for parental leave in
nonconsecutive one-week time periods.
       (2)
If the leave is not used by the eligible state employee before the end of the
twelve-month period after the qualifying event, such leave does not accumulate
for subsequent use.  Paid parental leave may not be donated. Any leave
remaining at the end of the twelve-month period or at separation of employment
is forfeited.
       (3)
Days of paid parental leave taken under this section must be taken
consecutively, except that foster parents may request and receive approval for
parental leave in nonconsecutive one-week time periods.
       (4)
If both parents are eligible state employees, paid parental leave may be taken
concurrently, consecutively, or a different time as the other eligible state
employee.
       (5)
Legal holidays listed in Section 53-5-10 must not be counted against paid
parental leave.
       (6)
Paid parental leave must run concurrently with leave taken pursuant to the
Family and Medical Leave Act and any other unpaid leave to which the eligible
state employee may be entitled as a result of the qualifying event. However,
leave granted under this section is with pay and is not annual leave or sick
leave and therefore does not deduct from the eligible state employee's accrued
leave balance. An eligible state employee does not have to exhaust all other
forms of leave before being eligible to take leave granted under this section. However, an employer may require that an employee use paid
parental leave before using annual leave if the employee's leave is taken
pursuant to the Family and Medical Leave Act. Eligible state employees
shall accrue annual and sick leave at the normal rate while on this leave, if
applicable.
    (D)
The Division of Human Resources of the Department of Administration shall
promulgate regulations, guidance, and procedures to implement this section.
SECTION 2.  Section 8-11-155 of the S.C. Code is amended to read:
    Section
8-11-155.  (A) For the purposes of
this section:
       (1)
"Child" means a child initially legally placed for adoption and under the age
of eighteen.  No child can have more than two parents eligible for paid
parental leave.
       (2)
"Eligible state employee" means an employee occupying any
percentage of a full-time equivalent positionany
person employed by any department, institution, commission, board, or any other
unit of government of this State who occupies a position eligible to earn
annual leave. This includes any person employed by a four-year or postgraduate
institution of higher education under the control of the State or a technical
college supported by and under the control of the State who occupies a position
eligible to earn annual leave.
       (3)
"Paid parental leave" means six weeks of paid leave at one hundred percent of
the eligible state employee's base pay or twofour weeks of paid leave
at one hundred percent of the eligible state employee's base
pay. Leave for part-time eligible state employees must be on a prorated
basis corresponding to the percentage of hours they are normally scheduled to
work.
       (4)
"Qualifying event" means the initial legal placement of a child by adoption.
    (B)
Eligible state employees, who are employed by this
State, its departments, agencies, or institutions and are primarily responsible
for furnishing the care and nurture of the child, are entitled to six weeks of
paid parental leave upon the occurrence of a qualifying event. Eligible state
employees, who are employed by this State, its
departments, agencies, or institutions who are not primarily responsible for
furnishing the care and nurture of the child, are entitled to twofour weeks of paid
parental leave upon the occurrence of a qualifying event.
An employee's paid parental leave is based on an employee's average workday.
    (C)
Paid parental leave usage includes the following:
       (1)
The entitlement to leave pursuant to subsection (B) expires at the end of the
twelve-month period beginning on the date of initial legal placement. An
eligible state employee shall receive no more than one occurrence of six or twofour weeks of paid
parental leave for any twelve-month period, even if more than one qualifying
event occurs.
       (2)
If the leave is not used by the eligible state employee before the end of the
twelve-month period after the qualifying event, such leave does not accumulate
for subsequent use. Paid parental leave may not be donated. Any leave remaining
at the end of the twelve-month period or at separation of employment is
forfeited.
       (3)
Days of paid parental leave taken under this section must be taken
consecutively.
       (4)
If both parents are eligible state employees, paid parental leave may be taken
concurrently, consecutively, or a different time as the other eligible state
employee.
       (5)
Legal holidays listed in Section 53-5-10 must not be counted against paid
parental leave.
       (6)
Paid parental leave must run concurrently with leave taken pursuant to the
Family and Medical Leave Act and any other unpaid leave to which the eligible
state employee may be entitled as a result of the qualifying event. However,
leave granted under this section is with pay and is not annual leave or sick
leave and therefore does not deduct from the eligible state employee's accrued
leave balance. An eligible state employee does not have to exhaust all other
forms of leave before being eligible to take leave granted under this section. However, an employer may require that an employee use paid
parental leave before using annual leave if the employee's leave is taken
pursuant to the Family and Medical Leave Act. Eligible state employees
shall accrue annual and sick leave at the normal rate while on this leave, if
applicable.
    (D)
The Division of Human Resources of the Department of Administration shall
promulgate regulations, guidance, and procedures to implement this section.
SECTION 3.  This act takes effect October 1, 2026,
and applies to qualifying events thereon or thereafter.
Sen. Davis  /s/Rep.
Ballentine
/s/Sen. Gambrell  /s/Rep.
Collins
/s/Sen. Matthews  /s/Rep.
Cobb-Hunter
    On Part of the Senate  On
Part of the House
----XX----
This web page was last updated on June 25, 2026 at 02:20 PM