South Carolina H 3645: Paid family leave

Bill Text

2025-2026 Bill 3645 Text of Previous Version (Apr. 29, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3645

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

Amended

April 29, 2025

H. 3645

Introduced by Reps. Bernstein, Herbkersman, 
Pope, Stavrinakis, Ballentine, Caskey, Collins, Wetmore, Bauer, Rutherford, 
Cobb-Hunter, Spann-Wilder, W. Newton, Schuessler, Dillard, Kirby, Weeks, 
Waters, B. Newton, Henderson-Myers, Govan, Gilliard, Rivers, Anderson, Garvin, 
King and McDaniel 

S. Printed 4/29/25--H.

Read the first time January 14, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY 
AMENDING SECTIONS 8-11-150 AND 8-11-155, BOTH RELATING TO PAID PARENTAL LEAVE, 
SO AS TO INCREASE THE NUMBER OF WEEKS OF PAID PARENTAL LEAVE IN THE EVENT OF 
THE BIRTH OR ADOPTION OF A CHILD FOR ELIGIBLE STATE EMPLOYEES.

 Amend Title To Conform

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 fulltime 
equivalent, temporary grant or time limited position.

 (3) 
"Paid parental leave" means sixtwelve 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.

 (B) 
Eligible state employees who are employed by this State, its departments, 
agencies, or institutions and who give birth are entitled to receive sixtwelve 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 sixtwelve 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