South Carolina Leave Laws




Vacation Leave

In South Carolina, employers are not required to provide employees with vacation benefits, either paid or unpaid. SC Dept. of Labor FAQs. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract. SC Dept. of Labor FAQs. An employer is required to notify its employees in writing of any benefit policies. SC Code 41-10-30, SC Dept. of Labor FAQs.



An employer may lawfully establish a policy or enter into a contract denying employees payment for accrued vacation leave upon separation from employment. See O’Neal v. Intermedical Hospital of SC, 355 S.C. 499, 585 S.E.2d 526 (SC App. 2003).

An employer may also lawfully establish a policy or enter into a contract disqualifying employees from payment of accrued vacation upon separation from employment if they fail to comply with specific requirements, such as giving two weeks notice or being employed as of a specific date of the year. See O’Neal v. Intermedical Hospital of SC, 355 S.C. 499, 585 S.E.2d 526 (SC App. 2003).

An employer is required to pay accrued vacation to an employee upon separation from employment if its policy or contract requires it. SC Code 41-10-10(b).

Neither South Carolina’s Legislature nor its courts have stated whether an employer is required to pay accrued vacation leave upon separation from employment if the employer’s established policy or employment contract is silent on the matter.

An employer may cap the amount of vacation leave an employee may accrue over time. See SC Code 41-10-10(b); O’Neal v. Intermedical Hospital of SC, 355 S.C. 499, 585 S.E.2d 526 (SC App. 2003).

An employer may implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it. . See SC Code 41-10-10(b); O’Neal v. Intermedical Hospital of SC, 355 S.C. 499, 585 S.E.2d 526 (SC App. 2003).



Sick Leave

South Carolina law does not require employers to provide employees with sick leave benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract. SC Dept. of Labor FAQs.

An employer in South Carolina may be required to provide an employee unpaid sick leave in accordance with the Family and Medical Leave Act or other federal laws.



Holiday Leave

South Carolina law does not require private employers to provide employees with either paid or unpaid holiday leave. In South Carolina, a private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.

State holidays

Visit our South Carolina State Holidays page for a list of holidays recognized and observed by the state of South Carolina as well as information regarding state laws governing holiday leave for public employers and employees.



Jury Duty Leave

An employer is not required to pay an employee for time spent responding to a jury summons or serving on a jury.

An employer may not discharge or demote an employee who complies with a jury summons or serves on a jury.

South Carolina Stat. 41-1-70



Voting Leave

South Carolina does not have a law that requires an employer to grant its employees leave, either paid or unpaid, to vote.



Bereavement Leave

South Carolina law does not require employers to provide employee bereavement leave. Bereavement leave is leave that is taken by an employee due to the death of another individual, usually a close relative. Employer may choose to provide bereavement leave and may be required to comply with any bereavement policy or practice it maintains.