South Carolina Statewide Rule
South Carolina Paid Leave Local Mandates Preempted Statewide
Key Facts
- State paid-leave mandate
- None
- Local paid-leave ordinances
- None adopted
- Section 6-1-130 scope
- Minimum wage only
- FMLA
- Unpaid leave still applies
- Employer programs
- Voluntary
Summary
South Carolina has no statewide paid sick-leave or paid family-leave mandate, and no city has adopted one. Section 6-1-130 preempts only local minimum-wage rules, so no statute squarely preempts local paid-leave mandates, but none has been enacted.
(A) For purposes of this section: (1) "Employee benefit" means anything of value that an employee may receive from an employer in addition to wages. This term includes, but is not limited to, any health benefits, disability benefits, death benefits, group accidental death and dismemberment benefits, paid days off for holidays, paid sick leave, paid vacation leave, paid personal necessity leave, retirement benefits, and profit-sharing benefits. (2) "Political subdivision" includes, but is not limited to, a municipality, county, school district, special purpose district, or public service district. (B) A political subdivision of this State may not establish, mandate, or otherwise require an employee benefit.
Full Breakdown
South Carolina does not require private employers to provide paid sick leave, paid family leave, or similar benefits, and no county or municipality has adopted a paid-leave mandate. The commonly cited § 6-1-130 preempts only local minimum-wage rates above the federal floor and does not, by its terms, address leave benefits. No separate South Carolina statute expressly preempts local paid-leave ordinances, so the issue is untested, though local authority to impose such mandates is doubtful. Public employers may set paid-leave policies for their own staff, and federal FMLA unpaid-leave protections continue to apply. Employer paid-leave programs remain voluntary.
Violations & Penalties
No statute governs local paid-leave ordinances. None has been adopted in South Carolina, so any challenge would be resolved through declaratory or injunctive litigation rather than a set penalty.
Frequently Asked Questions
Can a South Carolina city require paid sick leave?
Does South Carolina have state paid family leave?
Sources
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