South Carolina
Verified February 2026South Carolina Human Affairs Law
S.C. Code Ann. §§ 1-13-10 to 1-13-110
South Carolina does not have a state-level family or medical leave law that supplements the federal FMLA. For most employees in South Carolina, the right to unpaid, job-protected leave for serious health conditions or caregiving relies entirely on the federal Family and Medical Leave Act (FMLA). To qualify, you generally must work for an employer with 50+ employees and have worked there for at least 12 months and 1,250 hours.
South Carolina workers are protected against disability discrimination through the South Carolina Human Affairs Law (S.C. Code Ann. §§ 1-13-10 to 1-13-110). This statute prohibits employment discrimination based on race, color, religion, sex, national origin, age (40+), and disability. The law applies to employers with 15 or more employees, matching the federal ADA threshold. The South Carolina Human Affairs Commission (SCHAC) is the state agency responsible for investigating and enforcing these protections.
The SCHAC has full investigation and enforcement authority, including the power to hold hearings, issue orders, and seek conciliation. The commission also maintains a work-sharing agreement with the federal EEOC, meaning a complaint filed with either agency can cover both state and federal claims. This extends the EEOC filing deadline to 300 days for South Carolina workers, compared to the 180-day standard in states without a qualifying agency.
While South Carolina lacks a state leave law, the combination of federal FMLA, the federal ADA, and the South Carolina Human Affairs Law provides meaningful protections. The SCHAC’s enforcement authority gives workers a state-level pathway for discrimination complaints that complements federal remedies.
Employer Size
15+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: South Carolina does not have a state family or medical leave law. Federal FMLA is the primary source of job-protected leave.
Anti-Discrimination: The South Carolina Human Affairs Law matches the federal ADA's 15-employee threshold and is enforced by the SC Human Affairs Commission, which has full investigation and enforcement authority.
Additional Protections
South Carolina Human Affairs Law
Prohibits employment discrimination based on race, color, religion, sex, national origin, age (40+), and disability. Covers employers with 15+ employees. Enforced by the South Carolina Human Affairs Commission with full investigation, hearing, and enforcement authority.
S.C. Code Ann. § 1-13-80
South Carolina Workers’ Compensation
Covers workplace injuries for employers with 4+ employees. Mental injuries caused by physical workplace injuries may be compensable. Mental-only claims (without physical injury) face significant legal barriers under South Carolina law and generally require proof of unusual or extraordinary workplace conditions.
S.C. Code Ann. § 42-1-10 et seq.
South Carolina Pregnancy Accommodations Act
Requires employers with 15+ employees to provide reasonable accommodations for employees with medical needs arising from pregnancy, childbirth, or related conditions, including more frequent breaks, modified schedules, and temporary transfers.
S.C. Code Ann. § 1-13-80(A)(10)
1. Request FMLA Leave (Federal)
Since South Carolina has no state leave law, eligible employees follow federal FMLA procedures:
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. File a Disability Discrimination Complaint
- Verify your employer has 15+ employees (both state and federal threshold).
- File a complaint with the South Carolina Human Affairs Commission (SCHAC) within 180 days of the discriminatory act.
- You can file online, by mail, or by visiting the SCHAC office in Columbia.
- SCHAC will investigate and may attempt mediation or conciliation. If no resolution is reached, a formal hearing may be held.
Note: Filing with SCHAC automatically cross-files with the federal EEOC through a work-sharing agreement, protecting both your state and federal claims and extending the EEOC deadline to 300 days.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 180 days - Deadline to file a discrimination complaint with the South Carolina Human Affairs Commission
- 300 days - Deadline to file with the federal EEOC (extended because SCHAC exists as a qualifying state agency)
- 30 days - Workers’ comp injury must be reported to employer
- 2 years - Statute of limitations for workers’ compensation claims
Official Resources
Frequently Asked Questions
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