Summary At a Glance
- Beginning October 1, 2026, South Carolina employers must provide job-protected leave to eligible Civil Air Patrol members.
- Employees may take up to 30 days per year for emergency service operations and up to 10 days per year for training.
- Employers may allow employees to use available leave from one category for the other. Unused leave does not carry over to the next calendar year and does not need to be paid out when employment ends.
Beginning October 1, 2026, South Carolina employers will be required to provide job-protected leave to employees who are members of the Civil Air Patrol.
Eligible employees may take:
- Up to 30 days of leave per calendar year to respond to an emergency service operation; and
- Up to 10 days of leave per calendar year to participate in Civil Air Patrol training.
Private employers may provide the leave as unpaid. Employers cannot require employees to use or exhaust vacation, sick leave, paid time off, or another type of leave before taking Civil Air Patrol leave.
Employers may require employees to provide:
- Notice of their Civil Air Patrol membership;
- Notice of the need for leave;
- The expected duration of the absence and anticipated return date; and
- Proof of participation in the training or emergency service operation.
Employers should establish clear procedures for employees to request leave and submit supporting documentation.
Essential Employee Exception
Employers may deny leave to employees designated as essential. Although the law does not define “essential employee,” employers are encouraged to approve leave when the employee’s absence will not disrupt business operations.
Employers relying on this exception should identify essential positions in advance, document the operational reasons for the designation, and communicate the designation to affected employees.
Next Steps for Employers
- Add a Civil Air Patrol Leave Policy. Update employee handbooks and leave policies before October 1, 2026.
- Update Leave Procedures. Establish processes for requesting, approving, documenting, and tracking Civil Air Patrol leave.
- Identify Essential Positions. Determine whether any positions will be designated as essential and document the business reasons.
- Train Managers. Ensure managers and human resources personnel understand the leave entitlement and the prohibition against requiring employees to exhaust other available leave.
How HR Works Can Help
HR Works can assist employers with updating leave policies, handbook language, forms, and internal procedures to reflect this new leave law. Current clients may contact their designated HR Works Consultant for additional information about addressing this change.
Not an HR Works client? To learn more about how HR Works can help manage the complexities of employee leave administration, visit us at Leave Management Outsourcing – HR Works.
