Columbia, South Carolina, September 4, 2025
News Summary
The South Carolina Attorney General has clarified that the state’s paid parental leave law should extend to mothers who experience stillbirths. This comes after instances where teachers and state employees were denied leave following stillbirths, leading to confusion over the law’s interpretation. The Attorney General’s opinion aims to assist school districts in understanding their obligations and encourages legislative amendments to ensure fair treatment for all families affected by stillbirths.
Columbia, South Carolina – The South Carolina Attorney General, Alan Wilson, has issued an important opinion stating that the state’s paid parental leave law should extend to mothers who have experienced stillbirths. This clarification comes in response to concerns raised by State Representative Neal Collins, who noted instances where teachers and state employees were denied paid leave despite undergoing the same significant medical event as parents of live-born children.
The 2023 law guarantees at least six weeks of paid leave for public school teachers and state employees for childbirth. However, it has come to light that certain school districts denied paid leave under these circumstances, leading to confusion regarding the legal interpretation of the law concerning stillbirths. Representative Collins highlighted three specific cases where educators were denied this benefit, although two of the districts later reversed their decisions.
In his opinion, the Attorney General outlined that the legislation refers to “birth” without any qualification that would exclude stillbirths. Solicitor General Emeritus Bob Cook added that it would be illogical for the law to differentiate between live births and stillbirths, as both situations involve the birthing process. This understanding aligns with existing state statutes, which recognize a fetus as a “person,” thereby reinforcing the legal standing for including stillbirths under the parental leave provisions.
In light of the Attorney General’s opinion, the House of Representatives is encouraged to amend the law to clarify and ensure that parents of stillborn children receive the benefits they are entitled to without facing delays or denials. Representative Collins has announced plans to introduce new legislation in January, explicitly including stillbirths within the paid parental leave framework.
While the Attorney General’s opinion is non-binding, it serves as guidance on how courts may interpret the law moving forward. The federal Family and Medical Leave Act allows for up to 12 weeks of unpaid parental leave for both stillbirths and live births, supporting the argument for similar inclusion at the state level.
The trauma associated with stillbirth is profound, with psychological impacts that can affect parents significantly. Medical experts have noted that mothers may face serious health complications following a stillbirth, which further justifies the need for paid leave.
The recent opinion from the Attorney General’s office aims to provide clarity on the legal understanding of the law, assisting school districts in making informed decisions regarding parental leave benefits. Representative Collins hopes that this opinion will help correct misinterpretations and ensure fair treatment for all families affected by stillbirths in the state.
Understanding Paid Parental Leave in South Carolina
The intention behind the parental leave legislation is to support families during some of their most challenging times. The updated interpretation seeking to include stillbirths recognizes the equal weight of these experiences and the necessity of providing families the time and resources they need to cope.
Key Points of Paid Parental Leave Law
- Guarantees at least six weeks of paid leave for public school teachers and state employees.
- Applies to mothers of stillborn children, according to the recent Attorney General’s opinion.
- Aims to prevent confusion and misinterpretation by providing clear legal guidelines.
- Recognizes the trauma and medical implications faced by parents experiencing stillbirth.
Next Steps
As new legislation is proposed, further discussions will likely take place regarding the best ways to update and clarify the existing policies to ensure comprehensive support for all parents during their times of need.
Frequently Asked Questions
What is the current South Carolina paid parental leave law?
The law guarantees public school teachers and state employees at least six weeks of paid leave following childbirth.
Does this law currently include stillbirths?
The recent opinion by the Attorney General suggests that it should include stillbirths, as the term “birth” does not specify live births only.
What actions are being taken to clarify this law?
Representative Neal Collins plans to introduce new legislation in January to explicitly include stillbirths in the parental leave law.
How does this opinion impact school districts?
The opinion is intended to provide clarity and guide school districts in correctly interpreting the law regarding paid leave for families affected by stillbirths.
Deeper Dive: News & Info About This Topic
HERE Resources
Additional Resources
- South Carolina Daily Gazette
- Count on 2 News
- ABC News
- WLTX News
- Encyclopedia Britannica: Family Leave
Author: STAFF HERE LEXINGTON WRITER
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