South Carolina H 5169: Public school employee sick leave

Bill Text

2025-2026 Bill 5169 Text of Previous Version (Feb. 11, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5169

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 59-1-400, RELATING TO SICK LEAVE FOR PUBLIC SCHOOL EMPLOYEES, SO AS TO 
REQUIRE PAYMENT FOR ACCRUED BUT UNUSED SICK LEAVE TO TEACHERS UPON SEPARATION 
OF EMPLOYMENT FROM A SCHOOL DISTRICT EXCEPT WHEN BEGINNING WORK IN A DISTRICT 
THAT ACCEPTS TRANSFER OF THE ACCRUED SICK LEAVE WITHIN A CERTAIN AMOUNT OF 
TIME.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 59-1-400(A) of the S.C. Code is amended to 
read:

 (A) All full-time employees of public 
schools accrue sick leave on the basis of one and one-fourth days of sick leave 
for each month of active service or twelve days for nine months of active 
service. Sick leave accrued but not used may be accumulated up to ninety days 
if the employees do not violate their respective contracts. Provisions for the 
additional benefits provided for in this section must be made on the same basis 
as existing sick leave benefits.

 (1) A school employee using sick leave as provided for in 
this section may not be terminated from employment nor during a continuing sick 
leave of less than ninety-one days.

 (2) The provisions of this section do not apply to 
employees of a school district which provides more liberal sick leave benefits. 
Any benefits accrued under school district sick leave policies in effect prior 
to July 1, 1976, are not lost as a result of this section.

 (3) Sick leave accumulated in compliance with this section 
is transferable to any school district in the State or to the State Department 
of Education by the employee with the earned leave.

 (4) If a teacher has accrued sick leave 
in compliance with this section and separates from employment with a district, the 
district must pay the teacher for the unused portion of this accrued sick leave 
within thirty days of separation unless during that thirty day period the teacher 
enters a contract for employment with another district that allows the teacher 
to transfer to the district such unused leave for use by the teacher during his 
employment with that new district.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on February 11, 2026 at 01:43 PM