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Maternity leave in South Carolina

What you get in South Carolina when you have a baby: job-protected time off, ways to get paid, and the state laws that protect you at work.

Checked October 2026 · 21 sources · Not legal advice

Short answer

South Carolina has no state paid family leave program. A 2024 law lets insurers sell paid family leave policies to employers, so you're covered only if your employer buys one. So most new moms combine unpaid FMLA leave (12 weeks, if you qualify) with short-term disability and paid time off.

South Carolina at a glance

Checked October 2026. Details and sources below.

What you get in South Carolina

South Carolina doesn't run a paid family leave program, and no federal law requires private employers to pay for maternity leave. What you can count on depends on where you work: FMLA's 12 weeks of unpaid, job-protected leave if you qualify, plus whatever your employer pays.

State disability programs in California and New York pay for 6 weeks of recovery after a vaginal birth and 8 after a C-section, longer with complications. After recovery, time off to bond with your baby is unpaid unless you use paid time off or your employer offers paid parental leave.

Sources: Electronic Code of Federal Regulations (National Archives); California Employment Development Department (EDD); New York State Workers’ Compensation Board; U.S. Department of Labor. Data as of October 2026.

A typical leave with FMLA, week by week

Vaginal birth12 weeks

C-section12 weeks

  • Recovery
  • Unpaid, job-protected
Assumes you qualify for FMLA and start leave at the birth. Recovery weeks are paid only through short-term disability or paid time off; the rest of the 12 weeks is unpaid unless your employer pays.

Do you qualify for FMLA?

You qualify if you've worked for the employer at least 12 months and 1,250 hours in the past 12 months, at a worksite where the employer has 50+ employees within 75 miles. Public agencies and schools are covered at any size.

50+

employees within 75 miles of your worksite (public employers and schools of any size)

12 mo

with your employer, not necessarily in a row

1,250

hours worked in the past 12 months, about 24 a week

12 wk

of unpaid, job-protected leave, with your health coverage kept

Sources: Electronic Code of Federal Regulations (National Archives); U.S. Department of Labor; U.S. Equal Employment Opportunity Commission

Getting paid during maternity leave in South Carolina

Your pay while you're out comes from these sources, usually in combination.

  • Short-term disability

    If your employer offers short-term disability, or you have your own policy, it can pay part of your wages while you recover from the birth. Employer plans set their own percent of pay and number of weeks, so ask HR for the plan document. How short-term disability works for pregnancy

  • Paid time off and sick leave

    No federal law requires private employers to give paid family, maternity or parental leave. FMLA leave is unpaid, though workers can use paid leave they've earned, and the Fair Labor Standards Act doesn't require pay for time not worked. Check how many PTO and sick days you'll have saved by your due date.

    Sources: Electronic Code of Federal Regulations (National Archives); U.S. Department of Labor

  • A family leave insurance policy

    South Carolina's Paid Family Leave Insurance Act lets life and disability income insurers sell family leave coverage to employers as a rider to, or part of, a group disability or life policy, or as a separate group policy. Covered reasons include bonding in the first 12 months after a birth, adoption or foster placement, and policies must pay at least 2 weeks per covered reason in a 52-week period. It took effect May 21, 2024 (S.C. Code §§ 38-103-10 to 38-103-90; Act 206 of 2024, H.4832). Ask HR whether your employer has one.

    Sources: South Carolina Legislature; South Carolina Department of Insurance

  • If you work for the state of South Carolina

    South Carolina state employees who give birth (including a stillbirth) get 6 weeks of paid leave at 100% of base pay, used within 12 months; the other parent gets 4 weeks for births on or after Oct. 1, 2026, up from 2. The benefit started in 2022 (S.C. Code § 8-11-150), public school district employees got it to the same extent in 2023 (§ 8-11-151), and Act 249 of 2026 raised the second parent's weeks.

    Source: South Carolina Legislature

  • If you're a federal employee

    Federal civilian employees covered by title 5 FMLA can get up to 12 weeks of paid parental leave for each birth or adoption/foster placement on or after Oct. 1, 2020, used within 12 months after the birth or placement. It requires 12 months of qualifying federal service and is separate from sick and annual leave.

    Source: U.S. Office of Personnel Management

Your rights at work in South Carolina

State laws on leave, pregnancy accommodations and pumping, checked October 2026. Federal law (FMLA, the Pregnant Workers Fairness Act and the PUMP Act) applies on top of these.

  • Leave and pregnancy rules

    FMLA only

    No South Carolina law adds job-protected leave beyond federal FMLA for private-sector workers.

    Sources: National Conference of State Legislatures; National Partnership for Women & Families

  • Pregnancy accommodations

    State law

    South Carolina's Pregnancy Accommodations Act (2018) requires employers with 15+ employees to make reasonable accommodations for medical needs from pregnancy, childbirth or related conditions, including lactation, unless it causes undue hardship. Examples include more frequent breaks, seating, help with lifting, a temporary transfer and schedule changes, and employers must give workers written notice of these rights (S.C. Code §§ 1-13-30, 1-13-80).

    Sources: South Carolina Legislature; A Better Balance

  • Pumping at work

    State law

    South Carolina's Lactation Support Act (2020) covers every employer with 1+ employees, including state and local government: it must give reasonable unpaid break time, or let you use paid breaks or meal time, to pump each day, and make reasonable efforts to provide a private place near your work area that isn't a toilet stall. An employer doesn't have to provide break time if it would cause undue hardship (S.C. Code § 41-1-130).

    Source: South Carolina Legislature

Guides

Paternity leave in South Carolina

South Carolina has no law that pays fathers or partners for bonding leave. If they qualify, FMLA gives them up to 12 weeks of unpaid, job-protected leave to care for the newborn, under the same rules as moms. Employer paid parental leave and paid time off are the usual ways to get paid.

State employees: South Carolina state employees who give birth (including a stillbirth) get 6 weeks of paid leave at 100% of base pay, used within 12 months; the other parent gets 4 weeks for births on or after Oct. 1, 2026, up from 2. The benefit started in 2022 (S.C. Code § 8-11-150), public school district employees got it to the same extent in 2023 (§ 8-11-151), and Act 249 of 2026 raised the second parent's weeks.

Sources: Electronic Code of Federal Regulations (National Archives); South Carolina Legislature

12 wk

unpaid, job-protected FMLA leave for an eligible father or partner

$0

paid by South Carolina law to a father or partner

Your maternity leave, step by step

  1. During pregnancy

    Ask HR for the leave policy, the short-term disability plan document, and whether you qualify for FMLA. Tell your employer your expected dates as early as you can, and check how much paid time off you'll have.

  2. From the birth: recovery

    File your short-term disability claim if you have coverage. California's and New York's disability programs count 6 weeks of recovery after a vaginal birth and 8 after a C-section; your provider can certify more for complications.

  3. To week 12: bonding

    FMLA's job protection runs 12 weeks in all. After recovery, this time is unpaid unless you use paid time off or your employer pays parental leave.

  4. Back at work

    If you're pumping: South Carolina's Lactation Support Act (2020) covers every employer with 1+ employees, including state and local government: it must give reasonable unpaid break time, or let you use paid breaks or meal time, to pump each day, and make reasonable efforts to provide a private place near your work area that isn't a toilet stall. An employer doesn't have to provide break time if it would cause undue hardship (S.C. Code § 41-1-130).

Questions about maternity leave in South Carolina

How long is maternity leave in South Carolina?

No South Carolina law requires paid maternity leave. If you qualify for FMLA, you get up to 12 weeks of unpaid, job-protected leave. How much of that time is paid depends on your short-term disability coverage, your saved paid time off and your employer's own leave policy.

Does South Carolina have paid family leave?

No state program. South Carolina's Paid Family Leave Insurance Act lets life and disability income insurers sell family leave coverage to employers as a rider to, or part of, a group disability or life policy, or as a separate group policy. Covered reasons include bonding in the first 12 months after a birth, adoption or foster placement, and policies must pay at least 2 weeks per covered reason in a 52-week period. It took effect May 21, 2024 (S.C. Code §§ 38-103-10 to 38-103-90; Act 206 of 2024, H.4832).

Do I qualify for FMLA?

You qualify if you've worked for the employer at least 12 months and 1,250 hours in the past 12 months, at a worksite where the employer has 50+ employees within 75 miles. Public agencies and schools are covered at any size.

Does South Carolina require pregnancy accommodations at work?

South Carolina's Pregnancy Accommodations Act (2018) requires employers with 15+ employees to make reasonable accommodations for medical needs from pregnancy, childbirth or related conditions, including lactation, unless it causes undue hardship. Examples include more frequent breaks, seating, help with lifting, a temporary transfer and schedule changes, and employers must give workers written notice of these rights (S.C. Code §§ 1-13-30, 1-13-80). The Pregnant Workers Fairness Act requires employers with 15 or more employees to provide reasonable accommodations for limitations related to pregnancy, childbirth or related conditions unless it causes undue hardship. EEOC lists leave for health care appointments and leave to recover from childbirth as examples. It doesn't require the leave to be paid.

Is there paternity leave in South Carolina?

South Carolina has no law that pays fathers or partners for bonding leave. If they qualify, FMLA gives them up to 12 weeks of unpaid, job-protected leave to care for the newborn.

Do South Carolina state employees get paid parental leave?

South Carolina state employees who give birth (including a stillbirth) get 6 weeks of paid leave at 100% of base pay, used within 12 months; the other parent gets 4 weeks for births on or after Oct. 1, 2026, up from 2. The benefit started in 2022 (S.C. Code § 8-11-150), public school district employees got it to the same extent in 2023 (§ 8-11-151), and Act 249 of 2026 raised the second parent's weeks.

More for new parents in South Carolina

Sources

  1. 1.S.C. Code Title 38, Chapter 103: Paid Family Leave Insurance South Carolina Legislature. Accessed October 9, 2026.
  2. 2.2024 Report on the Utilization of Family Leave Insurance South Carolina Department of Insurance. Accessed October 9, 2026.
  3. 3.State paid family and medical leave contributions and benefits (Feb. 6, 2026) Mercer Law & Policy Group. Accessed October 9, 2026.
  4. 4.S.C. Code Title 1, Chapter 13 (South Carolina Pregnancy Accommodations Act, §§ 1-13-30 and 1-13-80) South Carolina Legislature. Accessed October 9, 2026.
  5. 5.State Pregnant Workers Fairness Laws (updated Dec. 1, 2025) A Better Balance. Accessed October 9, 2026.
  6. 6.S.C. Code § 41-1-130 Break time or meal time for employees to express breast milk (South Carolina Lactation Support Act) South Carolina Legislature. Accessed October 9, 2026.
  7. 7.S.C. Code Title 8, Chapter 11 (§§ 8-11-150, 8-11-151, 8-11-155 paid parental leave) South Carolina Legislature. Accessed October 9, 2026.
  8. 8.Act No. 249 of 2026 (S. 11): paid parental leave for state employees, amending §§ 8-11-150 and 8-11-155 South Carolina Legislature. Accessed October 9, 2026.
Show all 21 sources
  1. 9.S. 11 (Session 126, 2025-2026) bill history South Carolina Legislature. Accessed October 9, 2026.
  2. 10.29 CFR 825.100 The Family and Medical Leave Act Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  3. 11.29 CFR 825.104 Covered employer Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  4. 12.29 CFR 825.110 Eligible employee Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  5. 13.29 CFR 825.200 Amount of leave Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  6. 14.29 CFR 825.214 Employee right to reinstatement Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  7. 15.Family and Medical Leave Act (FMLA) U.S. Department of Labor. Accessed October 9, 2026.
  8. 16.What You Should Know About the Pregnant Workers Fairness Act U.S. Equal Employment Opportunity Commission. Accessed October 9, 2026.
  9. 17.The Pregnant Workers Fairness Act (42 U.S.C. 2000gg) U.S. Equal Employment Opportunity Commission. Accessed October 9, 2026.
  10. 18.Vacation Leave U.S. Department of Labor. Accessed October 9, 2026.
  11. 19.Fact Sheet: Paid Parental Leave U.S. Office of Personnel Management. Accessed October 9, 2026.
  12. 20.Disability Insurance – Pregnancy FAQs California Employment Development Department (EDD). Accessed October 9, 2026.
  13. 21.Introduction to the Disability Benefits Law (employee disability benefits) New York State Workers’ Compensation Board. Accessed October 9, 2026.

Maternity leave in other states

No state program

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