Indicates Matter Stricken

Indicates New Matter

 

Committee Report

April 2, 2026

 

H. 4611

 

Introduced by Reps. T. Moore, Collins, C. Mitchell, B. Newton, Pope, Clyburn, Spann-Wilder, Martin, Teeple, Schuessler, Hewitt, Willis, M. M. Smith, Erickson and Weeks

 

S. Printed 4/2/26--H.

Read the first time January 13, 2026

 

________

 

The committee on House Ways and Means

To whom was referred a Bill (H. 4611) to amend the South Carolina Code of Laws by amending Sections 8-11-150 and 8-11-151, both relating to paid parental leave, so as to provide that paid parental leave, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

B.W. BANNISTER for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill adds "stillbirth" as defined in Section 44-63-55 to the list of qualifying events under which a state employee or an employee of a school district may be eligible for parental leave. Currently, qualifying events defined in statute include the birth of a newborn biological child to an eligible state employee or school district employee, the birth of a newborn child by a co-parent, or fostering a child in state custody. Eligible employees who experience a stillbirth may receive either six or two weeks of leave under the current parental leave program. This bill will have no impact on state agencies, as Admin indicates that DSHR has already interpreted the law to provide parental leave to employees who experience a stillbirth.

 

Local Expenditure

This bill adds "stillbirth" as defined in Section 44-63-55 to the list of qualifying events under which a school district employee may be eligible for parental leave. SCDE surveyed all school districts in the state and received 23 responses that varied widely by district and cost assumptions used. Most responding districts indicate that their current parental leave policy includes stillbirths as a qualifying event, or that the addition of stillbirths would result in a minimal fiscal impact. Some districts quantified the entire cost of parental leave for their district, or the cost per teacher using parental leave, and included already budgeted salary expenses. However, the total impact of this bill will depend on the number of additional teachers that are eligible for parental leave under the bill, the substitute teacher rate in the district, and any ancillary costs incurred as a result of the parental leave, including instances of leave payout if an employee separates from covered employment. Overall, the expenditure impact for school districts is not expected to be significant given the limited scope of the change.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

_______

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 8-11-150 AND 8-11-151, BOTH RELATING TO PAID PARENTAL LEAVE, SO AS TO PROVIDE THAT PAID PARENTAL LEAVE APPLIES TO STILLBIRTHS.

 

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

 

SECTION 1.  Section 8-11-150 (A) and (B) 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.

       (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 or stillbirth to an eligible state employee or after a co-parent's birth of a newborn child, stillbirth, or fostering a child in state custody.

       (5) "Stillbirth" has the same meaning as defined in Section 44-63-55.

    (B) Eligible state employees who are employed by this State, its departments, agencies, or institutions and who give birth or stillbirth are entitled to receive six weeks of paid parental leave. Other eligible state employees who do not give birth are entitled to receive two weeks of paid parental leave.

 

SECTION 2.  Section 8-11-151(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 school district employee" means an employee defined by the Department of Education using the Professional Certified Staff system or any full-time equivalent position categorized as classified staff.

       (3) "Paid parental leave," for the purpose of duration and percentage of base pay covered, has the same meaning as Section 8-11-150(3) for eligible school district employees.

       (4) "Qualifying event" means the birth of a newborn biological child or stillbirth to an eligible school district employee or after a coparent's birth of a newborn child, stillbirth, or fostering a child in state custody.

       (5) "Stillbirth" has the same meaning as defined in Section 44-63-55.

 

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

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