Leave taken under this Section may qualify as Family and Medical Leave Act (FMLA) leave and, if so, will run concurrently.

1. A. Administrative Leave

   State employees in full-time equivalent (FTE) positions who are physically attacked while in the performance of official duties and suffer bodily harm as a result of the attack must be placed on administrative leave with pay by their employers rather than sick leave. The period of administrative leave for each incident may not exceed 180 calendar days. Denial of the use of administrative leave by the agency will be grounds for review by the Division of State Human Resources (DSHR) upon request of the employee. Administrative review by DSHR will be final.

2. B. American Red Cross Certified Disaster Service Leave

   A state employee who is a certified disaster service volunteer for the American Red Cross may use up to 10 days of paid leave in a calendar year to participate in specialized disaster relief services with the approval of the agency designee.

3. C. Blood Drive and Donation Leave

   1. 1. Agencies may periodically arrange volunteer blood drives for their employees. The blood drives may be held at the times and places as may be determined by the agency head. The agency’s employees are permitted to participate in the blood drive during their work hours without using sick and annual leave.
   2. 2. An employee desiring to donate blood at a time, other than an agency arranged volunteer blood drive, must be excused from work by his agency during the employee’s regular work hours for the purpose of making the donation without prejudice to the employee and no leave or makeup time may be required. Any employee desiring to donate blood as provided in Section 8-11-175 of the South Carolina Code of Laws shall notify his agency of the scheduled donation and the amount of time needed for the donation as far in advance as may be practicable. The agency may deny the employee’s request for time to donate if the absence of the employee would create an extraordinary burden on the agency. In considering the employee’s request, the agency shall take into consideration such factors as the necessity and type of blood donation, and any other factor the agency considers appropriate. The agency may, as condition of approving the request, require the employee to provide documentation of the donation.

4. D. Bone Marrow Donor Leave

   All employees who works an average of 20 hours or more a week and who seeks to undergo a medical procedure to donate bone marrow may be granted bone marrow donor leave with pay. The total amount of paid leave may not exceed 40 work hours unless a longer length of time is approved by the agency head. Such leave may require verification by a health care practitioner of the purpose and length of each request. If a medical determination finds that the employee does not qualify as a bone marrow donor, the paid leave of absence granted to the employee before that medical determination is not forfeited. Pursuant to Section 44-43-80 of the South Carolina Code of Laws, as amended, all employees are covered under this section.

5. E. Court Leave

   1. 1. Jury Duty (With Pay)

      1. a. An employee, who is summoned as a member of a jury panel, shall be granted court leave with pay. Any jury fees and travel payment shall be retained by the employee. This court leave with pay shall not apply to agencies whose employees are exempt from jury duty by law.
      2. b. An employee, who is excused from jury duty and was not required to be at court the number of hours equal to the employee’s workday, is required to return to the job according to arrangements between the employee and the agency designee. The employee must be on authorized leave for any time the employee is excused from jury duty and does not return to work.
      3. c. An employee who is summoned to jury duty will be required to work on any given day only the number of hours that equal the employee’s work schedule, minus the hours required to be at court.

   2. 2. Subpoenaed as a Witness (With Pay)

      An employee, who is subpoenaed as a witness and who will not receive any personal gain from the outcome of the litigation, shall be entitled to court leave with pay for those hours required for the subpoena and may retain any witness fee and travel expenses.

   3. 3. An employee, who is victim of or witness to a crime and must attend court in relation to the case or in order to obtain an Order of Protection or restraining order, shall receive court leave with pay.

   4. 4. Exceptions

      1. a. An employee engaged in personal litigation is not eligible for court leave with pay but may be granted annual leave or leave without pay with appropriate authorization.
      2. b. When an employee is subpoenaed to represent an agency as a witness or defendant, his appearance is considered work time. The employee shall be reimbursed for any meals, lodging, and travel expenses that may be incurred according to the rules and regulations as provided by the Office of the Comptroller General.
      3. c. When an employee attends, in an official capacity, a mediation or mediation-arbitration conference, his attendance is considered a part of the employee’s job assignment.
      4. d. When an employee appears as a witness or in any other official capacity in a hearing before the State Employee Grievance Committee, his appearance is considered a part of the employee’s job assignment.

6. F. Death in Immediate Family Leave

   1. 1. An employee, upon request, shall be granted up to three consecutive workdays of leave with pay on the death of any member of the employee’s immediate family. Immediate family is defined as the spouse, great-grandparents, grandparents, parents, legal guardians, brothers, spouse of brothers, sisters, spouse of sisters, children, spouse of children, grandchildren, great-grandchildren of either the employee or the spouse.
   2. 2. The agency may request that an employee requesting leave for a death in the immediate family provide a statement to the appropriate authority listing the name of the deceased and the relationship to the deceased.

7. G. Extended Disability Leave

   Under the Americans with Disabilities Act (ADA), the Americans with Disabilities Act Amendments Act (ADAAA), and other applicable law, certain extended impairments may be protected as disabilities and may require reasonable accommodation. In certain cases, the use of leave may be considered a reasonable accommodation. Determinations regarding reasonable accommodations should be made on a case-by-case basis as dictated by the circumstances.

   The agency shall require, prior to approval of leave as a reasonable accommodation, certification by the health care practitioner to a reasonable degree of medical certainty to include at a minimum: (a) the date on which the disability commenced; (b) the probable duration of the condition and a probable return date; and (c) appropriate medical facts within the knowledge of the health care practitioner regarding the condition and any work limitations. Dates set forth in the health care practitioner’s certificate may be amended. The agency may require additional documentation from the health care practitioner issuing the certificate or may secure additional medical opinions from other health care practitioners. If an employee’s health care practitioner or the employee identifies a disability as long-term, the agency may suggest to the employee to contact the Public Employee Benefit Authority (PEBA) as soon as possible to evaluate eligibility for any appropriate benefits, such as insurance or retirement, if the employee believes it would be appropriate.

8. H. Family and Medical Leave Guidelines

   1. 1. Eligibility and Reasons for FMLA Leave

      1. a. Family Medical Leave Act leave shall be granted to any employee who has worked for the State at least 12 months, and who has worked at least 1,250 hours (defined as FLSA compensable hours of work) during the 12-month period prior to the request for FMLA leave, including “on-call” hours. The required total of 12 months of employment need not be consecutive. An agency can go back 7 years prior to the date of the need for leave to determine if the employee worked a total of 12 months with state government. An agency has the ability to go beyond 7 years if an employee left state employment due to National Guard or Reserve Military obligations or a written agreement reflecting an employer’s intention to rehire after a break.

         In order to determine if an exempt employee meets the 1,250 hours of service, work records may be kept.

      2. b. An eligible employee shall be granted up to a total of 12 weeks of FMLA leave, in each calendar year, for any of the following reasons:

         1. (1) For the birth of a son or daughter and to care for that child;
         2. (2) For placement of a son or daughter for adoption or foster care with the employee;
         3. (3) For caring of the employee’s spouse, son, daughter, or parent with a serious health condition; and
         4. (4) For a serious health condition that makes the employee unable to perform the functions of the employee’s job.

         5. (5) For qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty or called to active duty status as a member for the National Guard or Reserves in support of a contingency operation. Qualifying exigencies can include: 1) short notice deployment; 2) military events and related activities; 3) childcare and school activities; 4) financial and legal arrangements; 5) counseling; 6) rest and recuperation; 7) post- deployment activities; and 8) additional activities not encompassed in other categories but agreed by the agency and the employee.

            Note: Reasons (1) and (2) for leave expires 12 months after the date of the birth or placement.

      3. c. Under the military caregiver leave provisions, an eligible employee who is a spouse, son, daughter, parent, or next of kin of a current member of the Armed Forces, including a member of the National Guard or Reserves, with a serious injury or illness may be able to take up to a total of 26 workweeks in a single 12-month period to care for the service member.

   2. 2. Scheduling FMLA Leave

      An eligible employee requesting FMLA leave must give 30 days advance notice to the employing agency of the need to take FMLA leave when the need for leave is foreseeable. When the need for leave is not foreseeable, such notice must be given as soon as practical. The use of FMLA leave shall be subject to verification. The agency may require documentation or certification from a health care provider supporting the need for FMLA leave for a serious health condition. Agencies may also require documentation for certification of serious health condition of a spouse, son, or daughter, a qualifying exigency or to confirm familial relationships.

   3. 3. Use of FMLA Leave

      1. a. When the agency designates leave as FMLA leave, it must notify the employee. No leave may be designated as FMLA leave after the leave has ended, except as provided for under the FMLA.
      2. b. Use of FMLA leave shall be calculated by either the actual time or in the smallest amount of increments an agency will allow.
      3. c. The agency should declare any leave taken that qualifies as FMLA leave. The FMLA leave should run concurrently with any other leave, and the leave should be charged against the appropriate leave balances.

      The agency is responsible for declaring leave as FMLA leave based on information provided by the employee.

   4. 4. Use of Paid and Unpaid Leave

      1. a. An eligible employee will be required to substitute his accrued sick leave, parental leave or adoption leave for unpaid FMLA leave when the FMLA leave request qualifies for sick leave, parental leave or adoption leave usage.
      2. b. An eligible employee may elect to substitute accrued annual leave, compensatory time and holiday compensatory time for unpaid FMLA leave.

      Generally, FMLA leave is unpaid; however,

   5. 5. FMLA Leave Record

      1. a. Reflect the maximum FMLA leave allowance (12 weeks in a calendar year) and charges in terms of hours.
      2. b. Indicate the number of FMLA leave hours used in the current calendar year.
      3. c. Indicate the number of hours in the employee’s established workweek.

      A leave record shall be maintained by the employing agency for each employee subject to the provisions of the FMLA. Such record shall:

   6. 6. Transfer of FMLA Leave

      For an eligible employee who transfers from one agency to another, the transferring agency is responsible for transferring the employee’s FMLA leave records in that calendar year to the receiving agency.

   For more detailed information, consult the Family and Medical Leave Act (FMLA) and relevant federal regulations. By interpretation of the United States Department of Labor, State government is considered to be one employer for the purpose of determining FMLA leave.

9. I. Hazardous Weather and Emergency Leave

   When the Governor declares a state of emergency or orders all or some state offices closed due to hazardous weather conditions, the Governor may issue an executive order authorizing up to five days of paid leave for those employees who did not work due to the state of emergency or hazardous weather.

   When the Governor does not provide State employees with paid leave, an employee who does not report to work, who reports late to work, or is dismissed early from work due to a state of emergency or hazardous weather conditions shall use annual leave, compensatory time or leave without pay to cover the hours scheduled but not worked. Agencies must also give employees the option to make up the hours at a time set by the agency.

10. J. Leave of Absence

    1. 1. An employee of the State while on such leave; and

    2. 2. Returned to the same position, or one in a comparable pay band for which the employee is qualified.

       Any leave of absence must be approved in advance except in case of medical or personal emergencies. These situations must be justified to the agency head or his designee for approval.

    To grant any leave of absence with or without pay, the agency must approve the leave of absence. An employee who is granted leave of absence with or without pay shall be:

11. K. Military Leave (Cross reference FMLA. Refer to Section 19-712.01 L. on qualifying exigencies.)

    1. 1. Short Term Military Training

       All officers and employees of this State or a political subdivision of this State, who are either enlisted or commissioned members of the South Carolina National Guard, the United States Army Reserve, the United States Air Force Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, or the United States Coast Guard Reserve are entitled to leaves of absence from their respective duties without loss of pay, time, or efficiency rating, for one or more periods not exceeding an aggregate of 15 regularly scheduled workdays in any one year during which they may be engaged in training or any other duties ordered by the Governor, the Department of Defense, the Department of the Army, the Department of the Air Force, the Department of the Navy, the Department of the Treasury, or any other department or agency of the government of the United States having authority to issue lawful orders requiring military service. Saturdays, Sundays, and State holidays may not be included in the 15-day aggregate unless the particular Saturday, Sunday, or holiday to be included is a regularly scheduled workday for the officer or employee involved. In the event any such person is called upon to serve during an emergency, he is entitled to such leave of absence for a period not exceeding 30 additional days. Any one year means either a calendar year or, in the case of members required to perform active duty for training or other duties within or on a fiscal year basis, the fiscal year of the National Guard or reserve component issuing the orders.

       A state employee in a full-time position who serves on active duty in a combat zone and who has exhausted all available leave for military purposes is entitled to receive up to thirty additional workdays of military leave in any one year.

    2. 2. Long Term Military Leave of Absence

       Every employee of the State or any political subdivision thereof who, has been, or shall be commissioned, enlisted, or selected for service in the Armed Forces of the United States (excluding short term training) shall, so long as the requirements and regulations of the Armed Forces shall prevent his return to his civil employment for a period of 90 days thereafter, but in no event for a period longer than five years from the date of entry into the Armed Forces of the United States, be entitled to leave of absence from his duties as an employee of the State or any political subdivision thereof, without loss of seniority or efficiency or register ratings. The word “employee” as used herein shall not be construed to mean an officer or official elected or appointed to a term pursuant to a statute or the Constitution of this State.

12. L. Organ Donor Leave

    1. 1. All officers and employees of this State or a political subdivision of this State who wish to be an organ donor and who accrue annual or sick leave as part of their employment are entitled to leaves of absence from their respective duties without loss of pay, time, leave, or efficiency rating for one or more periods not exceeding an aggregate of thirty regularly scheduled workdays in any one calendar year during which they may engage in the donation of their organs. Saturdays, Sundays, and state holidays may not be included in the thirty-day aggregate unless the particular Saturday, Sunday, or holiday to be included is a regularly scheduled workday for the officer or employee involved.
    2. 2. The officer or employee must show documentation from the attending physician of the proposed organ donation before leave is approved that confirms that the employee is the donor.

13. M. Paid Parental Leave

    1. 1. Adoption Leave

       1. a. Employees occupying all or part of an FTE position and who are primarily responsible furnishing the care and nurture of their child under the age of 18 legally placed for adoption on or after October 1, 2022, are entitled to six weeks of paid parental leave.
       2. b. Employees occupying all or part of an FTE position and who are not primarily responsible for finishing the care and nurture of the child under the age of 18 legally placed for adoption on or after October 1, 2022, are entitled to two weeks of paid parental leave.
       3. c. The entitlement to parental leave expires at the end of the twelve-month period beginning on the date of the original placement.
       4. d. Days of parental leave for adoption must be taken consecutively.

    2. 2. Birth of a Child

       1. a. Employees occupying all or part of an FTE position and who give birth to a child on or after October 1, 2022, are entitled to six weeks of paid parental leave.
       2. b. Employees occupying all or part of a position and whose co-parent gives birth to a child are entitled to receive two weeks of parental leave.
       3. c. The entitlement to parental leave expires at the end of the twelve-month period beginning on the date of the birth.
       4. d. Days of parental leave for the birth of a child must be taken consecutively.

    3. 3. Foster Care

       1. a. Employees occupying all or part of an FTE positions and who foster a child under the age of 18 in state custody are entitled to receive two weeks of paid parental leave.
       2. b. The entitlement to parental leave expires at the end of the twelve-month period beginning on the date of placement of the child.
       3. c. Foster parents may request and receive approval for parental leave to be taken in nonconsecutive one-week time periods.

    Eligibility determinations are made as of the date to the birth, adoption, or foster care placement.

    An eligible state employee shall receive no more than one occurrence of six or two weeks of paid parental leave for any twelve-month period, even if more than one qualifying event occurs.

    If the leave is not used by the eligible employee before the end of the twelve-month period after the birth, adoption or foster placement, 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.

    Paid parental leave must run concurrently with leave taken pursuant to the Family Medical Leave Act and any other unpaid leave to which the eligible state employee may be entitled to as a result of the qualifying event.

    Employees do not have to exhaust all other forms of leave before being eligible to take paid parental leave. Eligible state employees shall accrue annual and sick leave at the normal rate while on this leave, if applicable.

    If both parents are eligible state employees, paid parental leave may be taken concurrently, consecutively, or at a different time as the other eligible state employee. No child may have more than two parents eligible for paid parental leave.

14. N. Sabbatical Leave

    When provided in statute, an institution of higher learning may establish a policy for a leave of absence for a sabbatical for academic personnel.

15. O. State Employee Grievances and Appeals Attendance

    Refer to Section 19-712.01 F.4. c. and d.

16. P. Voting Leave

    There is no state or federal law mandating that employers give time off to employees to vote. Agencies have discretion to authorize employees up to two hours of leave with pay for extenuating circumstances that prohibit employees from voting when the polls are open. For example, when an employee is scheduled to work a twelve-hour shift on election day or is assigned to a work location too far away from the employee’s residence as to preclude voting outside work hours. To work at the polls during elections, an employee must be on authorized leave.

17. Q. Volunteer Work

    Time spent as a volunteer is not included in hours worked. An employee who performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered, is considered to be a volunteer during such hours. An employee shall not be considered a volunteer if the employee is otherwise employed by the same public agency to perform the same type of servicers¹ as those for which the employee proposes to volunteer. An employee may be paid expenses, reasonable benefits, a nominal fee, or any combinations thereof, for their service without losing status as volunteers. Determining if the receipt of expenses, benefits or fees would result in loss of volunteer status is a case-by-case analysis based on the total amount of expenses, benefits, and fees in the context of the economic realities of the situation.

18. R. Workers’ Compensation Leave

    1. 1. If there is an accidental injury arising out of and in the course of employment with the State, which is covered under Workers’ Compensation, an employee who is not eligible for or who has exhausted his paid administrative leave, shall make an election to use either earned leave time (sick or annual or both) or Workers’ Compensation benefits awarded in accordance with Title 42 of the South Carolina Code of Laws.

    2. 2. The employee shall make an election under one of the following options:

       1. a. To use sick leave, annual leave, or both. When earned leave is exhausted before the employee can return to work, the employee shall be entitled to Workers’ Compensation benefits at the time leave is exhausted;
       2. b. To use Workers’ Compensation benefits awarded in accordance with Title 42 of the South Carolina Code of Laws; or
       3. c. To use sick leave, annual leave, or both on a prorated basis in conjunction with Workers’ Compensation benefits according to the formula approved by the Department of Administration.
    3. 3. Before the election is made, the effect of each available option on the employee’s future leave earnings must be explained to the employee by the employing agency. The election must be in writing and signed by the employee and the person who explains the options. The election of the employee is irrevocable as to each individual incident.

    4. 4. Regardless of which option an employee elects, he would continue to be eligible for payment of medical costs provided by the State Accident Fund.

       ¹So in original.

HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010; State Register Volume 40, Issue No. 10, eff October 28, 2016; SCSR 48-9, eff September 27, 2024.