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S 10

Family Leave

2025-2026 Regular Session Introduced by Darrell Jackson

Expands paid parental leave for South Carolina state employees: increases eligible leave to 12 weeks for births/adoptions and 4 weeks for others, with full pay and 12-month use win

Referred to Committee on Finance
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Bill Summary · S 10

Summary — S 10 (titled "Family Leave") — bill text file (mixed content)

Note: The document filed as S 10 contains text from two distinct measures in different jurisdictions: (A) a Massachusetts proposal for a constitutional amendment addressing succession to the office of Lieutenant Governor, and (B) a South Carolina statutory amendment expanding paid parental leave for state employees. Both appear in the single docketed file; the items are unrelated except for being included together in the submission.

A. Massachusetts — Constitutional amendment on Lieutenant Governor succession

  • Main purpose / intent: To prescribe a clear succession procedure when the office of Lieutenant Governor becomes vacant (death, resignation, removal, or permanent incapacity) by giving the Governor the power to nominate a replacement who must be confirmed by the legislature.

  • Key provision:

    • Whenever the office of Lieutenant Governor is vacant for the listed reasons, the Governor shall nominate a Lieutenant Governor.
    • The nominee takes office only after confirmation by a majority vote of both the Massachusetts Senate and the House of Representatives (i.e., by the General Court in joint confirmation).

  • Who is affected:

    • Governor (gains nomination authority for filling the vacancy).
    • General Court (Senate and House must vote on confirmation).
    • Electorate indirectly—the proposal is a constitutional amendment and would ultimately require voter approval to become part of the state constitution.

  • Procedural / timeline aspects:

    • This is a legislative amendment to the state Constitution. Per the text, it must be agreed to by a majority in joint session of both the current General Court and the next General Court, and then approved by the people at the subsequent state election.
    • Bill actions (as provided): Presented by Senator Paul W. Mark (Berkshire, Hampden, Franklin & Hampshire). Filed 1/17/2025 (Senate Docket No. 1995). Referred to the Judiciary. On 2025-05-01 the “Proposal for Constitutional Amendment ought not to pass (under Joint Rule 23)” and was placed on file (in concurrence).

B. South Carolina — Amendment to paid parental leave for state employees (S.C. Code §§ 8-11-150 & 8-11-155)

  • Main purpose / intent: Increase the number of weeks of paid parental leave available to eligible South Carolina state employees and make conforming changes for adoption/foster situations.

  • Key provisions:

    • Defines eligible state employee as any employee occupying any percentage of a full-time equivalent position; leave for part-time employees is prorated.
    • Increases paid parental leave amounts:
    • For employees who give birth (or are primarily responsible after adoption): increases from 6 weeks to 12 weeks at 100% of base pay.
    • For other eligible employees (non-birthing/co-parent or not primarily responsible in adoption): increases from 2 weeks to 4 weeks at 100% of base pay.
    • Leave must be used within 12 months after the qualifying event (birth, adoption, or foster placement); no carryover; forfeited at separation.
    • Paid leave runs concurrently with FMLA and other unpaid leave but is paid (does not deduct from accrued sick/annual leave); employees accrue annual and sick leave while on paid parental leave.
    • Holidays listed in Section 53-5-10 do not count against paid parental leave.
    • Foster parents may request nonconsecutive one-week periods (specific allowance for foster situations).
    • The Division of Human Resources (Department of Administration) is directed to promulgate regulations, guidance, and procedures to implement the statute.
    • Effective date: upon approval by the Governor.

  • Who is affected:

    • Eligible South Carolina state employees (executive branch agencies, departments, and institutions).
    • State payroll/HR functions (must implement and administer expanded leave).
    • Potential fiscal impact to the state (increased paid leave at full pay), though the text does not include appropriation language or an estimate.

  • Procedural / timeline aspects:

    • The South Carolina bill text is marked filed/prefiled on 12/11/2024.
    • The act states it takes effect upon gubernatorial approval.
    • The combined docket shows hearings scheduled (e.g., 04/08/2025) and referral to Committee on Finance in the provided legislative-action list.

Impact and considerations

  • Massachusetts amendment: would change how an important executive vacancy is filled — shifting from any existing procedures to a nomination-plus-legislative-confirmation process. Because it is a constitutional amendment, it requires double legislative approval (two successive General Courts) and ratification by voters, unless tabled/placed on file (as occurred on 2025-05-01).

  • South Carolina statutory change: materially expands paid parental leave for state employees (doubling weeks in each category), increases near-term personnel costs for the state (100% pay during leave), and imposes administrative duties on HR to implement new rules. The measure is limited to state employees (not private sector) and contains standard eligibility, concurrency with FMLA, and forfeiture/use-within-12-month rules.

If you want, I can:
- Extract a clean timeline of recorded legislative actions for each measure separately, or
- Draft a concise fiscal/implementation checklist for the South Carolina leave changes (payroll, staffing, budget estimates).

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

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