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S 1043

Civil Air Patrol Leave Act

2025-2026 Regular Session Introduced by Brian Adams and 3 co-sponsors

Creates a protected Civil Air Patrol leave category for SC employees, guaranteeing defined annual leave for CAP emergency response and training with return-to-work rights.

Act No. 250
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Bill Summary · S 1043

Summary of Bill: Civil Air Patrol Leave Act (S 1043, 2025-2026, South Carolina)

Purpose and intent

  • Establishes a new statutory framework—the Civil Air Patrol Leave Act—in Title 25 of the South Carolina Code.
  • Creates a dedicated leave category to accommodate Civil Air Patrol (CAP) members who are employees, enabling them to participate in emergency response, training, and related CAP activities without jeopardizing their employment.
  • Aims to balance workforce operations with CAP service, providing protections against discipline or discrimination for leave usage and outlining return-to-work rights.

Key provisions and changes

  • Define terms (Section 25-23-10)

    • Civil Air Patrol leave: leave used under this act by a CAP member.
    • Civil Air Patrol member: member of CAP, primarily represented in SC by the SC Wing of CAP.
    • Emergency service operation: CAP-assigned missions, state or federal emergency declarations, or requests for assistance involving SC.
    • Employee: any wage-earning individual, resident or nonresident, as defined by SC law.
    • Employee benefits: benefits beyond wages (health, disability, retirement, paid leave, etc.).
    • Mutual aid request: requests from other states or subdivisions for CAP emergency assistance.

  • Leave rights and amounts (Section 25-23-20)

    • Public and private employers must provide a minimum of 30 days per calendar year of Civil Air Patrol leave for emergency response to CAP operations. May be used for mutual aid requests outside the employee’s chain of command with prior approval from employer and the employee’s CAP wing commander/designee.
    • Employers must provide a minimum of 10 days per year for CAP training and proficiency activities (administered by CAP or related agencies).
    • Employers may grant additional leave or allow transfers between categories if one category balance is insufficient (up to five days can be reallocated between categories).
    • Public employers must pay employees for CAP leave at the current pay rate; private employers may pay or not pay (CAP leave is not required to be paid out when employment ends).
    • CAP leave is available as a lump sum at the start of each calendar year; unused leave forfeited at year-end (no carryover).

  • Employee obligations and employer requirements (Section 25-23-30)

    • Employee duties: notify employer within 30 days of CAP membership; notify return timing within eight hours after completing an operation; return to work within 18 hours after ending participation or at the next regular workday; periodically update employer on expected absence duration.
    • Employer duties: for training-related leave, require (a) two weeks' notice, (b) return date, (c) approval from CAP commander, (d) proof of participation; for operation-related leave, require (a) as much notice as possible, (b) approval from CAP commander or incident leadership, (c) proof of participation.

  • Limitations and discretion (Section 25-23-40)

    • Employers are not required to grant leave if the employee is responding to the same or another simultaneous emergency service operation as a first responder or other emergency personnel for a local, state, or federal agency.
    • Employers may deny leave for employees designated as essential, but should strive to accommodate if absence would not cause demonstrable harm to operations.

  • Protections, benefits, and remedies (Section 25-23-50)

    • Civil Air Patrol leave must be administered as a separate leave category; employees are not required to exhaust other leave first.
    • Employees retain all benefits and rights during CAP leave.
    • Return to position: employees are entitled to return to the same or a substantially equivalent position with same pay and benefits; exceptions apply if the employer proves the absence caused by non-rights-based reasons.
    • Anti-discrimination and retaliation: employers may not discharge, discipline, or discriminate against employees for taking CAP leave or opposing non-compliant practices.
    • Enforcement: employees may sue for violations within one year in the county of employment, seeking reinstatement, back wages for public employees, denial of benefits or seniority, and equitable relief.

Who is affected

  • Employees who are or become Civil Air Patrol members working for public or private employers in South Carolina.
  • Employers (both public and private) who employ CAP members and have to administer the leave and maintain internal records, policies, and compliance.
  • CAP organizations (SC Wing of Civil Air Patrol) through coordination with members and approval processes.

Procedural and timeline aspects

  • Effective date: Act takes effect upon Governor’s approval.
  • Transition/implementation:
    • Within 30 days of the act’s effective date, current CAP members must notify their employers of CAP membership.
    • Annual accrual and use: CAP leave is allocated at the start of each calendar year; forfeited if not used by year-end.
  • Administration and disputes:
    • Establishes a private right of action with a one-year statute of limitations for violations.
    • Requires documentation and approvals for both training- and operation-related leave.

Overall impact

  • Provides structured, protected leave specifically for CAP-related duties, with clear accrual, notice, and return-to-work provisions.
  • Balances emergency response capabilities with employee rights and employer operational needs.
  • Creates anti-discrimination protections and a private enforcement pathway to ensure compliance.

Compiled from official sources — confirm details with the bill’s official record.

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