South Carolina General Assembly
124th Session, 2021-2022

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H. 3560

STATUS INFORMATION

General Bill
Sponsors: Reps. Bernstein, Herbkersman, Henegan, Pope, Rutherford, Finlay, Stavrinakis, Collins, W. Newton, Wheeler, Jordan, Ballentine, Garvin, J.E. Johnson, Brawley, Elliott, Rose, B. Newton, Robinson, Kirby, Haddon, V.S. Moss, Caskey, J.L. Johnson, Cobb-Hunter, Yow, Dillard, Willis, Weeks, Matthews, S. Williams, Rivers, Henderson-Myers, King and McDaniel
Document Path: l:\council\bills\jn\3330ph21.docx
Companion/Similar bill(s): 11

Introduced in the House on January 12, 2021
Introduced in the Senate on April 7, 2021
Last Amended on April 6, 2021
Currently residing in the Senate Committee on Finance

Summary: Family leave

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/16/2020  House   Prefiled
  12/16/2020  House   Referred to Committee on Ways and Means
   1/12/2021  House   Introduced and read first time (House Journal-page 237)
   1/12/2021  House   Referred to Committee on Ways and Means 
                        (House Journal-page 237)
   1/13/2021  House   Member(s) request name added as sponsor: Caskey, 
                        J.L.Johnson, Cobb-Hunter
   1/27/2021  House   Member(s) request name added as sponsor: Yow
   3/18/2021  House   Member(s) request name added as sponsor: Dillard, 
                        Willis, Weeks
   3/18/2021  House   Committee report: Favorable with amendment Ways and 
                        Means (House Journal-page 40)
    4/6/2021  House   Member(s) request name added as sponsor: Matthews, 
                        S.Williams, Rivers, Henderson-Myers, King, McDaniel
    4/6/2021  House   Amended (House Journal-page 75)
    4/6/2021  House   Read second time (House Journal-page 75)
    4/6/2021  House   Roll call Yeas-104  Nays-4 (House Journal-page 76)
    4/7/2021  House   Read third time and sent to Senate 
                        (House Journal-page 13)
    4/7/2021  Senate  Introduced and read first time (Senate Journal-page 6)
    4/7/2021  Senate  Referred to Committee on Finance (Senate Journal-page 6)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/16/2020
3/18/2021
4/6/2021

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AMENDED

April 6, 2021

H. 3560

Introduced by Reps. Bernstein, Herbkersman, Henegan, Pope, Rutherford, Finlay, Stavrinakis, Collins, W. Newton, Wheeler, Jordan, Ballentine, Garvin, J.E. Johnson, Brawley, Elliott, Rose, B. Newton, Robinson, Kirby, Haddon, V.S. Moss, Caskey, J.L. Johnson, Cobb-Hunter, Yow, Dillard, Willis, Weeks, Matthews, S. Williams, Rivers, Henderson-Myers, King and McDaniel

S. Printed 4/6/21--H.

Read the first time January 12, 2021.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-150 SO AS TO PROVIDE TWELVE WEEKS OF PAID FAMILY LEAVE FOR STATE EMPLOYEES DUE TO THE BIRTH OR ADOPTION OF A SON OR DAUGHTER.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 11, Title 8 of the 1976 Code is amended by adding:

"Section 8-11-150.    (A)    Any person employed by this State, its departments, agencies, or institutions in a FTE position is entitled to a total of twelve weeks of leave during any twelve month period for one or more of the following:

(1)    the birth of a son or daughter of the employee and in order to care for such son or daughter; or

(2)    the placement of a son or daughter with the employee for adoption.

(B)    The entitlement to leave under subsection (A) expires at the end of the twelve-month period beginning on the date of such birth or placement. An employee shall receive no more than twelve work weeks of paid family leave for any twelve-month period, even if more than one qualifying event occurs during that period.

(C)    Days of paid family leave to which an employee is entitled must be used consecutively.

(D)    If both parents are eligible employees, then each parent receives twelve weeks of paid family leave, which may be taken concurrently, consecutively, or at different times as the other eligible employee. Legal holidays listed in Section 53-5-10 must not be counted against paid family leave.

(E)    Paid family leave may not be donated and such leave remaining at the end of the twelve-month period or at separation of employment is forfeited. If leave is not used by the employee before the end of the twelve-month period after the qualifying event, it does not accumulate for subsequent use.

(F)    Paid family leave must run concurrently with leave taken pursuant to the Family Medical & Leave Act and any other leave to which the employee may be entitled as a result of the qualifying event. However, leave granted under this section is with pay and is not annual leave or sick leave and does not deduct from an employee's accrued leave balance. An employee does not have to exhaust all other forms of leave before being eligible for leave granted under this section. Employees will accrue annual and sick leave at the normal rate while on paid family leave, if applicable.

(G)    The Division of State Human Resources in the Department of Administration shall promulgate regulations, guidance, and procedures to implement this section."

SECTION    2.    Section 8-11-155 of the 1976 Code is repealed.

SECTION    3.    This act takes effect upon approval by the Governor.

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This web page was last updated on April 8, 2021 at 9:52 AM