Workers in South Carolina may be entitled to family and medical leave under the Federal Family & Medical Leave Act (FMLA).
Federal Family & Medical Leave (FMLA)
FMLA provides leave to care for a:
- Child (who is under the age of 18 or incapable of self-care due to a physical or mental disability)
- Spouse
- Parent (including a biological, adoptive, foster, or step-parent, or any other person who stood "in loco parentis” but not including a parent-in-law)
FMLA eligibility includes:
- All public employers and private employers who employ 50 or more workers within 75 miles of the employee’s worksite.
- Employees must have worked for a covered employer for at least one year and have worked for that employer for at least 1,250 hours over the previous 12 months.
FMLA provisions:
Up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:
- For incapacity due to pregnancy, prenatal medical care, or childbirth
- To care for the employee’s child after birth, or placement for adoption or foster care
- To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition
- For a serious health condition that makes the employee unable to perform their job
- For certain needs in connection with a loved one's military deployment
- If medically necessary, employees caring for a seriously ill loved one may be able to take this time in smaller chunks, spread out over time, rather than all at once
FMLA Protections:
- Job and Seniority: Upon return from FMLA leave, nearly all employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Rare exceptions to this rule are explained here.
- Benefits: During FMLA leave, the employer must maintain the employee’s health coverage and continue paying any share of their health insurance premium under any “group health plan” on the same terms as if the employee had continued to work.
- FMLA rights: An employer can’t punish an employee in any way for using their FMLA rights and can’t interfere with the employees ability to use their rights under the law.
How to apply for FMLA:
- Notify your employer of your need for leave. You'll need to get your loved one's health care provider to certify their health condition and need for care. Your employer will then provide you with notices and forms to fill out and return to them.
- If you know in advance when your leave will start, tell your employer at least 30 days before that date. If you can’t do so or don’t know in advance, tell your employer as soon as possible.
Detailed information about Federal FMLA, visit the US Department of Labor website.
The information on this page should not be considered legal advice. Other protections may apply in your specific situation.
At RubyWell, we’re paving a path to financial stability for all family caregivers. Our Family Leave Finder provides state-by-sate info on family leave laws. Soon, family caregivers will be able to make the most of a loved one’s health insurance benefits with our Medicare Advantage Benefits Navigator. And ultimately, we're developing compensation solutions so that every family caregiver can be a paid caregiver. If you’d like to be among the first to hear about future products, join our waiting list.
Was this guide helpful for you? Share it with family or friends who are also trying to balance work and caring for a family member.