South Carolina — Leave Laws

South Carolina does not require private employers to provide paid or unpaid leave for bone marrow donation. Instead, S.C. Code § 44-43-80 is an enabling law: it expressly allows private employers with 20 or more employees at one site in South Carolina to choose to provide paid leaves of absence for employees who donate bone marrow, at their discretion. There is no statutory mandate or entitlement—a covered employer may grant this leave, but is not legally required to do so.

If an employer voluntarily offers paid leave for bone marrow donation under this statute, eligible employees must work an average of at least 20 hours per week. The amount of leave is up to 40 work hours per donation, unless the employer chooses to extend more. The law also permits—though does not require—the employer to ask for a physician's verification of the medical necessity and expected duration of the leave. The statute prohibits retaliation against employees who request or use leave under an employer's voluntary bone marrow donation policy, but only applies if the employer actually provides such a benefit.

In summary, S.C. Code § 44-43-80 is purely permissive: it lets employers offer paid bone marrow donation leave if they wish, but does not require it.

Source: S.C. Code § 44-43-80

State officers and employees, along with employees of political subdivisions (local governments), who accrue annual or sick leave are entitled to up to 30 regularly scheduled workdays of paid leave per calendar year to donate an organ. The leave is provided without loss of pay, time, leave credit, or efficiency rating. Saturdays, Sundays, and state holidays do not count toward the 30-day limit unless they are regularly scheduled workdays for the particular employee. The employee must provide documentation from the attending physician before leave is approved confirming that the employee is the organ donor.

Source: S.C. Code § 8-11-65

South Carolina law prohibits employers from dismissing or demoting an employee because the employee complies with a valid subpoena to testify in a court proceeding or administrative proceeding or to serve on a jury of any court. The protection under S.C. Code § 41-1-70 applies broadly to jury service in any court and extends to employees who comply with subpoenas to testify in either court proceedings or administrative proceedings. An employer who violates this prohibition is subject to a civil action in circuit court for damages.

Civil remedies and damage caps

An employee who is discharged or demoted in violation of § 41-1-70 may bring a civil action in circuit court to recover damages. The statute imposes caps on compensatory damages:

• For dismissal: Damages are limited to no more than one year's salary or fifty-two weeks of wages based on a forty-hour week in the amount the employee was receiving at the time of receipt of the subpoena.
• For demotion: Damages are limited to the difference for one year between the salary or wages based on a forty-hour week which the employee received before the demotion and the amount the employee receives after the demotion.

The damage formulas use the compensation level at the time the employee received the subpoena (for dismissal) or before the demotion occurred (for demotion). The statute does not provide for reinstatement, punitive damages, or attorney's fees.

No requirement for paid leave

Section 41-1-70 does not require employers to pay employees their regular wages during jury service or while complying with a subpoena. The statute provides job protection—prohibiting discharge or demotion—but imposes no compensation requirement for time spent serving on a jury or testifying. Employers may offer paid jury duty leave through company policy or collective bargaining agreements, but South Carolina law does not mandate such payment for private-sector employees.

Use of accrued paid time off

The statute is silent on whether employers may require or permit employees to use accrued paid time off (vacation, sick leave, or personal days) to cover jury duty absences. Unlike some state jury-duty statutes that expressly forbid mandatory use of accrued leave, South Carolina's § 41-1-70 does not address this issue.

Statute of limitations

Section 41-1-70 does not specify a limitations period for civil actions brought under the statute.

Scope of protection

The statute applies to:

• Service on a jury of any court (federal, state, circuit, magistrate, or municipal);
• Compliance with a valid subpoena to testify in a court proceeding; and
• Compliance with a valid subpoena to testify in an administrative proceeding.

The employer action triggering liability is discharge or demotion because the employee complied with the subpoena or served on a jury. The employee must show causation—that the employer's adverse action was motivated by the employee's jury service or subpoena compliance.

Source: S.C. Code § 41-1-70

South Carolina does not have a state family and medical leave law that entitles private-sector employees to job-protected leave for their own serious health conditions, to care for a family member, or for bonding with a new child. For most employees in South Carolina, job protection for these types of leave comes exclusively from the federal Family and Medical Leave Act (FMLA), which guarantees eligible employees up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons (see /guides/united-states/leave-laws#fmla-overview). South Carolina has not enacted a parallel or expanded private-sector requirement beyond FMLA.

State employee parental leave — amended by Act No. 249 (Effective October 1, 2026) South Carolina provides paid parental leave for state employees, with major amendments effective October 1, 2026, under Act No. 249 (2026). These statutory amendments expand the benefit period and clarify qualifying events. Under amended S.C. Code § 8-11-150 (paid parental leave) and § 8-11-155 (non-primary parent leave):

• Full-time state employees who qualify under FMLA are entitled to twelve weeks of paid parental leave (up from six) for the birth or placement of a child, as the birthing or primary parent.
• Non-birthing/non-primary co-parents, foster, and adoptive parents are entitled to four weeks of paid parental leave (up from two) following the qualifying event.
• The amendments explicitly extend eligibility to some temporary, part-time, and grant-funded FTE employees, and clarify leave is allowed for stillbirths.
• The effective date for these changes is October 1, 2026.

Prior to October 1, 2026, the earlier version of the law (six weeks for primary parents, two weeks for secondary parents) remains in effect. These amendments apply only to qualifying state agency and higher education employees; there is no state-mandated parental or family/medical leave for private-sector employees.

Voluntary paid family leave insurance Since May 21, 2024, the Paid Family Leave Insurance Act (S.C. Code Ann. §§ 38-103-10 through 38-103-110) authorizes insurers to offer group or standalone paid family leave insurance in South Carolina. This insurance is voluntary for private employers and does not constitute a state mandate for employer-provided paid leave or job protection.

Bottom line: For the vast majority of South Carolina private employees, job protection for family and medical leave is limited to the FMLA federal floor. State employees are eligible for expanded paid parental leave under Act No. 249, with new durations effective October 1, 2026.

Source: S.C. Code § 8-11-150 (paid parental leave); S.C. Code § 8-11-155 (non-primary parent leave); S.C. Code Ann. §§ 38-103-10 through 38-103-110 (insurance authorization); Act No. 249 (2026)

South Carolina does not require private-sector employers to provide either paid or unpaid leave for employees to vote. No statute obligates employers to adjust schedules or grant time off for voting on election days.

Legislative background The General Assembly considered a 2013 draft (House Bill 3226) to add S.C. Code § 7‑13‑870—authorizing up to two hours off to vote, unless the work schedule already permitted it. That bill was not enacted, and as of June 15, 2026, the state has no voting‑leave law for private employees.

Anti‑retaliation protection While no right to leave exists, South Carolina law prohibits employers from disciplining or discharging an employee for voting or exercising political rights (misdemeanor penalty). See S.C. Code § 7-1-70. This protects the act of voting—but does not create time‑off entitlements.

Public‑sector discretionary leave State agencies may, at their discretion, grant up to two hours of paid voting leave in extenuating circumstances—like when an employee’s shift conflicts with polling hours. This is agency policy; no statutory requirement applies.

Bottom line

• Private employers: no voting‑leave requirement.
• Disciplinary protection: firing someone for voting is unlawful (though not a right to leave).
• Public agencies: may offer paid leave—but only by policy, not legal mandate.

Source: 2013 H.3226 (not enacted); SC State HR Regulations, Voting Leave; S.C. Code § 7-1-70

South Carolina law does not provide job-protected leave or other employment protections for employees who are victims of domestic violence, sexual assault, or stalking to attend court proceedings, seek medical care, obtain protective orders, or relocate for safety. There is no state statute mandating that private or public employers grant paid or unpaid leave for these purposes.

Unemployment benefits for victims who separate from employment South Carolina does allow individuals who voluntarily leave work due to domestic violence to qualify for unemployment insurance (UI) benefits if they leave to protect themselves or their immediate family from further abuse, or to relocate. The relevant statute is S.C. Code § 41-35-125, which provides that leaving work for such reasons does not disqualify a claimant from receiving UI benefits. However, this provision does not require any job “leave” or job restoration right—it operates solely as a gateway to UI after the employment relationship ends.

No job-protected or leave rights Unlike a growing number of states, South Carolina has not enacted a law guaranteeing job-protected leave or anti-retaliation protections specifically for victims of domestic or sexual violence. Absent such a state law, employees and employers must look to federal rights (such as FMLA, if the employee qualifies for federal medical leave due to a serious health condition resulting from abuse) or rely on any voluntary employer policies.

Summary

• No state-mandated job-protected leave for victims of domestic violence, sexual assault, or stalking.
• Domestic violence victims may qualify for unemployment if forced to leave work for safety (S.C. Code § 41-35-125).
• No statutory entitlement to use sick leave, vacation, or other leave for domestic violence–related reasons beyond employer policy.

For the federal baseline, see the FMLA leave section in the United States — Leave Laws guide.

Source: S.C. Code § 41-35-125

South Carolina law does not require private-sector employers to provide either paid or unpaid leave for organ donation (as distinct from bone marrow donation). While S.C. Code § 44-43-80 expressly allows, but does not mandate, leave for bone marrow donation by private employers, there is no parallel statute providing for organ donation leave in the private sector.

This stands in contrast to the treatment of public-sector employees: under S.C. Code § 8-11-65, state officers and employees of local governments who accrue leave are entitled to up to 30 days of paid leave per year for the purpose of donating an organ. However, this law does not apply to private employers or their employees.

A review of the South Carolina Code and state labor agency publications confirms that, as of June 15, 2026, there is no statutory or regulatory entitlement to organ donation leave for employees in the private sector. Employers may, of course, voluntarily provide organ donation leave as a matter of company policy or employee benefit, but this is at the employer's discretion and not required under state law.

Source: S.C. Code § 44-43-80 (bone marrow donation); S.C. Code § 8-11-65 (organ donation leave — public employees)

No specific limitations period in S.C. Code § 41-1-70

For wrongful discharge or demotion claims arising from jury service or compliance with a subpoena under S.C. Code § 41-1-70, the statute does not currently state a specific time limit for filing a civil action. An archived version of the statute (prior to 2000) included a one-year statute of limitations, but the current official codification omits this restriction (see 2000 S.C. Acts No. 360, § 1). As of June 2026, there is no explicit limitations language within the text of § 41-1-70.

General statute of limitations likely applies

In the absence of a special limitations period, South Carolina’s general statutory rule for liabilities created by statute applies. Under S.C. Code § 15-3-530(2), civil actions “upon a liability created by statute other than a penalty or forfeiture” must be brought within three years. This is the period used for most statutory wrongful-discharge claims unless the statute itself states otherwise. No regulation or published court decision appears to interpret § 41-1-70 differently.

Summary

• No limitations period is stated in § 41-1-70 as codified in 2026.
• Before 2000, the law had a one-year limit; this was removed by legislative amendment (2000 S.C. Acts No. 360).
• The default three-year rule under § 15-3-530(2) almost certainly governs.

Source: S.C. Code § 41-1-70; S.C. Code § 15-3-530(2)

No statutory right to leave for crime victims or witnesses

South Carolina law does not require public or private employers to grant employees either paid or unpaid leave to participate in criminal proceedings as a crime victim or as a witness. There is no state statute mandating that an employer allow time off from work—beyond what is required for jury duty, already covered in the "Jury duty leave" section (/guides/south-carolina/leave-laws#jury-duty-leave-protection).

Anti-retaliation protection

However, S.C. Code § 16‑3‑1550 extends a form of employment protection to those who are victims or witnesses in a criminal matter. Under this statute, an employer may not dismiss, suspend, demote, or discipline an employee, or reduce their wages or benefits, for lawfully responding to a subpoena to testify in a criminal court proceeding. This protection covers employees who are:

• Victims of a crime (as defined by § 16-3-1510(1)), and
• Lawfully subpoenaed to attend criminal court as a victim or witness.

The law is specific to employees who actually receive a subpoena or similar court order requiring their presence. An employer who willfully violates § 16‑3‑1550 is subject to contempt proceedings in the issuing court. There is no obligation to pay for time missed from work, nor any requirement to restore lost pay due to the absence. The statute provides only protection against discipline or wage reduction for compliance with a subpoena—no broader entitlement to job-protected or paid leave.

Summary

• No general requirement to provide paid or unpaid leave for crime victim or witness duties.
• Employees lawfully subpoenaed to testify as victims or witnesses in a criminal case are protected from retaliation, discharge, suspension, demotion, or loss of pay/benefits for attending court.
• No compensation mandate: employers are not required to pay for work time missed due to such proceedings.

Source: S.C. Code § 16‑3‑1550