Sick Leave for South Carolina Employees: What You Need to Know in 2025
Ever woken up in Charleston with a fever that makes Rainbow Row look like a watercolor, or caught a cold while working in Greenville that not even the best shrimp and grits could cure? Whether you're working in manufacturing in Spartanburg, serving tourists in Myrtle Beach, or teaching in Columbia, understanding South Carolina's approach to sick leave matters.
Here's what makes South Carolina's approach straightforward: Like our preference for sweet tea - simple and traditional - South Carolina doesn't require private employers to provide paid sick leave. It follows the federal FMLA framework while letting employers set their own policies.
South Carolina does not have a statewide law requiring private-sector employers to provide paid or unpaid sick leave. However, many employers offer sick leave as part of their benefits packages, and federal laws like the Family and Medical Leave Act (FMLA) provide additional protections for eligible workers. Public-sector employees, such as state government workers, may have access to structured sick leave benefits under state policies.
Here’s everything you need to know about sick leave in South Carolina in 2025.
Key Objectives:
Does South Carolina Require Paid Sick Leave?
No. South Carolina does not mandate sick leave for private-sector workers. Employers are not legally required to provide paid or unpaid sick leave unless:
- They voluntarily include sick leave in their company policy.
- The employee qualifies under federal protections like FMLA.
Public-sector employees, including state workers, generally receive structured sick leave benefits under state employment rules.
Federal Protections for Sick Leave
South Carolina employees may qualify for unpaid, job-protected leave under the Family and Medical Leave Act (FMLA).
FMLA Overview
- Eligibility: Employees must work for an employer with 50 or more employees, have worked for at least 12 months, and have logged at least 1,250 hours in the previous year.
- Leave Benefits: Provides up to 12 weeks of unpaid, job-protected leave per year.
FMLA covers leave for:
- Personal serious health conditions.
- Caring for a spouse, child, or parent with a serious health condition.
- The birth, adoption, or foster placement of a child.
- Certain military caregiving needs.
For more information, visit the U.S. Department of Labor.
Employer Practices for Sick Leave in South Carolina
Although not legally required, many South Carolina employers voluntarily offer sick leave or Paid Time Off (PTO). Common features include:
- Accrual-Based Systems: Employees accrue 1 hour of leave for every 30 to 40 hours worked.
- PTO Banks: Employers may combine vacation, sick leave, and personal days into a single PTO policy.
- Carryover Policies: Some employers allow unused sick leave to roll over into the next year, but this is not required by law.
Employees should check their employer’s handbook for details on sick leave accrual, usage, and carryover rules.
When Can Sick Leave Be Used?
The specific uses of sick leave depend on the employer’s policies, but common uses include:
- Personal Illness or Injury: Recovering from illness, injury, or attending medical appointments.
- Family Care: Caring for a sick family member.
- Preventive Care: Routine checkups, screenings, or vaccinations.
- Domestic Violence Recovery: Some employers allow sick leave to address needs related to domestic violence, sexual assault, or stalking.
Covered family members may include:
- Spouses or domestic partners.
- Children (biological, adopted, foster, or stepchildren).
- Parents, grandparents, and siblings.
Public-Sector Employees in South Carolina
Public-sector employees in South Carolina, such as state workers, typically have access to structured sick leave benefits, including:
- Accrual: Full-time state employees generally accrue 1.25 days (10 hours) of sick leave per month, or 15 days per year.
- Carryover: Unused sick leave can accumulate indefinitely.
- Usage: Sick leave may be used for personal illness or to care for immediate family members.
State employees should consult the South Carolina Department of Administration or their agency’s HR policies for details.
COVID-19 and Sick Leave in South Carolina
Federal COVID-19-specific leave mandates, such as those under the Families First Coronavirus Response Act (FFCRA), have expired. However, some South Carolina employers may allow employees to use accrued sick leave for COVID-19-related reasons, including:
- Testing, treatment, or recovery from COVID-19.
- Quarantine or isolation due to exposure.
- Caring for a family member affected by COVID-19.
Some employers may still offer flexible sick leave policies for COVID-19-related absences.
Key Considerations for Employers in South Carolina
Even though South Carolina does not mandate sick leave, employers can benefit from offering it. Providing sick leave can:
- Attract and Retain Talent: Competitive benefits help employers recruit skilled workers.
- Promote Workplace Health: Sick leave helps reduce the spread of illness in the workplace.
- Boost Productivity and Morale: Employees who feel supported are more engaged and less likely to leave.
Employers should document sick leave policies in their employee handbooks and ensure compliance with federal FMLA requirements.
FAQs About Sick Leave in South Carolina
Q: Can an employer require a doctor’s note?
A: Yes. South Carolina employers can request documentation, such as a doctor’s note, for extended absences (typically after three consecutive days of sick leave).
Q: Are part-time or temporary employees eligible for sick leave?
A: It depends on the employer’s policy. South Carolina law does not require sick leave for part-time or temporary workers, but many employers voluntarily offer it.
Q: What happens to unused sick leave?
A: Employers are not required to allow sick leave to carry over unless their policy specifies otherwise. Public-sector employees can accumulate sick leave indefinitely.
Common Misconceptions About Sick Leave in South Carolina
- “South Carolina requires all employers to provide paid sick leave.”
False. South Carolina does not have a statewide sick leave mandate for private-sector employees.
- “Employers must pay out unused sick leave when an employee leaves.”
False. Employers are not required to pay out unused sick leave unless their company policy states otherwise.
- “Employers can deny sick leave if it’s inconvenient.”
False. If an employee works for a company with a sick leave policy, the employer must honor it as written.
Why Sick Leave Matters
Sick leave is an important benefit that allows employees to recover from illness and care for family members without financial stress. For employers, providing sick leave helps reduce turnover, improve morale, and foster a healthier workplace.
Final Thoughts
Understanding your sick leave rights in South Carolina can feel like navigating the Lowcountry marshes - it helps to have a guide. Whether you're an employee trying to understand your benefits or an employer looking to create supportive policies, staying informed is crucial.
If you're a business looking to navigate South Carolina's employment landscape while expanding your workforce, consider partnering with an Employer of Record (EOR) service. They can help manage your HR compliance, payroll, and benefits administration while you focus on growing your business. Learn more about EOR services and how they can simplify your employment needs at TCW Global's EOR solutions.
Remember, while South Carolina may not mandate paid sick leave, creating supportive time-off policies isn't just good for employees - it's good for business. Like our state motto "Dum Spiro Spero" (While I Breathe, I Hope), taking care of your workforce helps everyone thrive.
Need specific guidance? Consider consulting with your HR department, reviewing your employee handbook, or speaking with an employment law professional who understands South Carolina's unique business environment.
While South Carolina does not mandate statewide sick leave, many employers offer voluntary sick leave policies. Public-sector employees receive structured sick leave benefits, and federal protections like FMLA provide additional support for eligible workers.
For more information, visit:
- U.S. Department of Labor
- South Carolina Department of Administration
- Consult your employer’s handbook or HR department for specific policies on sick leave benefits.
