A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-11-150, RELATING TO PAID PARENTAL LEAVE, BIRTH OF A CHILD, AND PLACEMENT OF A FOSTER CHILD, and SECTION 8-11-155, RELATING TO PAID PARENTAL LEAVE AND ADOPTION, SO AS TO INCLUDE STATE PUBLIC SCHOOL TEACHERS AS ELIGIBLE STATE EMPLOYEES WHO ARE GRANTED PAID PARENTAL LEAVE; AND BY AMENDING SECTION 59-25-47, RELATING TO UNUSED LEAVE PAYMENTS, SO AS TO PROVIDE THAT UNUSED PAID PARENTAL LEAVE IS NOT INCLUDED IN UNUSED LEAVE PAYMENTS AS THEY APPLY TO PUBLIC SCHOOL TEACHERS.

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

SECTION 1.   Section 8-11-150(A) of the S.C. Code is amended to read:

   (A) For the purposes of this section:

      (1) "Child" means a newborn biological child or foster of a child in state custody and under the age of eighteen. No child can have more than two parents eligible for paid parental leave.

      (2) "Eligible state employee" means an employee occupying any percentage of a full-time equivalent position, including public school teachers.

      (3) "Paid parental leave" means six weeks of paid leave at one hundred percent of the eligible state employee's base pay or two weeks of paid leave at one hundred percent of the eligible state employee's base pay. Leave for part-time eligible state employees must be on a prorated basis corresponding to the percentage of hours they are normally scheduled to work.

      (4) "Qualifying event" means the birth of a newborn biological child to an eligible state employee or after a co-parent's birth of a newborn child or fostering a child in state custody.

SECTION 2.   Section 8-11-155(A) of the S.C. Code is amended to read:

   (A) For the purposes of this section:

      (1) "Child" means a child initially legally placed for adoption and under the age of eighteen. No child can have more than two parents eligible for paid parental leave.

      (2) "Eligible state employee" means an employee occupying any percentage of a full-time equivalent position, including public school teachers.

      (3) "Paid parental leave" means six weeks of paid leave at one hundred percent of the eligible state employee's base pay or two weeks of paid leave at one hundred percent of the eligible state employee's base pay. Leave for part-time eligible state employees must be on a prorated basis corresponding to the percentage of hours they are normally scheduled to work.

      (4) "Qualifying event" means the initial legal placement of a child by adoption.

SECTION 3.   Section 59-25-47(A) of the S.C. Code is amended to read:

   (A) A local school district board of trustees or, in the case of a charter school, the governing body of a charter school, is authorized to adopt a policy consistent with the school district or, in the case of a charter school, the school budget, providing that all certified and noncertified public school teachers identified in the Professional Certified Staff listing, certified special school classroom teachers, certified media specialists, certified guidance counselors, and career specialists who are employed by a school district or a charter school who earn, but do not use sick and annual leave in excess of ninety days, may be eligible to receive payment at the end of each fiscal year for these earned days in excess of ninety days for each excess day at a district's or charter school's established rate of substitute pay for their individual job classification, or another amount, subject to approval by the local school board, or, in the case of a charter school, the governing body of the charter school. This provision applies only to sick leave and annual leave in excess of ninety days that is accrued after July 1, 2018. This section does not apply to paid parental leave granted pursuant to Chapter 11, Title 8 of the S.C. Code.

SECTION 4.   This act takes effect upon approval by the Governor.

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