S 10

South Carolina General Assembly
126th Session, 2025-2026
Bill 10
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 8-11-150, RELATING TO PAID PARENTAL LEAVE, SO AS TO INCREASE THE NUMBER
OF WEEKS FOR PAID PARENTAL LEAVE; AND BY AMENDING SECTION 8-11-155, RELATING TO
PAID PARENTAL LEAVE, SO AS TO MAKE CONFORMING CHANGES.
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.
       (3)
"Paid parental leave" means six twelve weeks of paid leave at one hundred percent of the
eligible state employee's base pay or two four 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.
    (B)
Eligible state employees who are employed by this State, its departments,
agencies, or institutions and who give birth are entitled to receive six twelve weeks of paid
parental leave.  Other eligible state employees who do not give birth are
entitled to receive two four weeks
of paid parental leave.
    (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 twelve or
two four 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 Medical and 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.
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 position.
       (3)
"Paid parental leave" means sixtwelve weeks of paid leave at one hundred percent
of the eligible state employee's base pay or two four 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 two weeks of paid parental leave upon the occurrence of a
qualifying event.
    (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 twelve or two four 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 Medical and 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.
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 upon approval
by the Governor.
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This web page was last updated on December 11, 2024 at 04:15 PM