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Employers Cannot Be Mandated to Provide Paid Sick Leave in Carolinas

April 19, 2017

The issue of paid time off for employees remains a debated issue throughout the nation.  Currently, there is no federal law mandating private employers provide paid time off for employees.  While many states and cities have legislation mandating paid time off under certain circumstances, there is no state law in North or South Carolina that requires private employers to provide paid time off or leave to employees. 

And, as of April 5, 2017, all towns, cities and counties in South Carolina are prevented from requiring employers to provide paid leave to employees.

Specifically, South Carolina Governor Henry McMaster signed a law last week, codified at S.C. Code Ann. § 41-1-25, that prevents cities, counties, and other political subdivisions from requiring private employers to provide “employee benefits,” which would include benefits like paid sick leave and paid holidays.  North Carolina has a similar law, enacted in 2013, that bans any city or county within the state from establishing a right to sick leave.

Our Insights are published as a service to clients and friends. They are intended to be informational and do not constitute legal advice regarding any specific situation.