South Carolina 2025 2025-2026 Regular Session

South Carolina House Bill H3645 Introduced / Fiscal Note

Filed 04/02/2025

                    SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE 
S
TATEMENT OF ESTIMATED FISCAL IMPACT 
WWW.RFA.SC.GOV • (803)734-3793  
 
This fiscal impact statement is produced in compliance with the South Carolina Code of Laws and House and Senate rules. The focus of 
the analysis is on governmental expenditure and revenue impacts and may not provide a comprehensive summary of the legislation. 
  
 
 
 
 
 
 
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H. 3645 
 
Fiscal Impact Summary 
This bill expands paid parental leave for eligible state employees from six weeks to twelve 
weeks for the birth of a child and from two weeks to four weeks for a co-parent after the birth of 
a child or for fostering a child from state custody pursuant to §8-11-150. An employee’s paid 
paternal leave is based on an employee’s average workday. The bill specifies that any state 
employee who occupies a position eligible to earn annual leave, including those employed by a 
four-year or postgraduate state institution of higher learning or state technical college, is eligible 
for paid parental leave. Currently, eligible employee is defined as an employee occupying any 
percentage of a full-time equivalent position. This bill also increases the paid leave for the 
adoption of a child from six weeks to twelve weeks for the primary caregiver and from two 
weeks to four weeks for a parent who is not the primary caregiver pursuant to §8-11-155. An 
employer may require an employee to use paid paternal leave before using annual leave if the 
employee’s leave is taken pursuant to the Family and Medical Leave Act (FMLA). This bill 
takes effect on October 1, 2025. 
 
State agencies and institutions may face additional personnel needs associated with managing the 
workload from employees taking twelve or four weeks of leave and as such, may experience an 
increase in expenditures if it is necessary to hire temporary employees or offer current employees 
a temporary salary increase to manage the workload. Further, under the bill, employees would 
not be required to use accrued sick and annual leave for these additional weeks and instead may 
use the additional paid parental leave for qualifying events. As such, agencies may experience an 
increase in expenses resulting from employees accruing additional leave if an employee 
separates from covered employment. However, as this will vary by agency and institution, the 
impact of this bill is undetermined.  
 
This bill is not expected to have an expenditure impact on DSHR, as the management of the 
change is expected to take place under normal agency operations.  
 
 
 
Bill Number: H. 3645 Amended by House Ways and Means General Government 
Le
gislative Subcommittee on March 25, 2025 
Subject: Paid Famil y Leave 
Requestor: House Wa ys and Means 
RFA Analyst(s): Tipton 
Impact Date: April 2, 2025                                   
  
 
 
 
 
 
 
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H. 3645 
 
Explanation of Fiscal Impact 
Amended by House Ways and Means General Government Legislative Subcommittee on 
March 25, 2025 
State Expenditure 
This bill expands paid parental leave for eligible state employees from six weeks to twelve 
weeks for the birth of a child and from two weeks to four weeks for a co-parent after the birth of 
a child or for fostering a child from state custody pursuant to §8-11-150. An employee’s paid 
paternal leave is based on an employee’s average workday. The bill specifies that any state 
employee who occupies a position eligible to earn annual leave, including those employed by a 
four-year or postgraduate state institution of higher learning or state technical college, is eligible 
for paid parental leave. Currently, eligible employee is defined as an employee occupying any 
percentage of a full-time equivalent position. This bill also increases the paid leave for the 
adoption of a child from six weeks to twelve weeks for the primary caregiver and from two 
weeks to four weeks for a parent who is not the primary caregiver pursuant to §8-11-155. An 
employer may require an employee to use paid paternal leave before using annual leave if the 
employee’s leave is taken pursuant to FMLA. This bill takes effect on October 1, 2025. 
 
DSHR reports that 958 state employees utilized paid parental leave in 2024 for the birth or 
placement of a child. State agencies expend appropriated funds for employee salaries when an 
employee is at work or on paid leave. Under the bill’s revised definition, newly eligible 
employees would not be required to use accrued sick and annual leave or unpaid leave available 
under FMLA and instead would use paid parental leave for qualifying events. This change would 
allow those employees to retain an additional six or two weeks of accrued leave they may have 
otherwise used. Agencies and institutions may face additional personnel needs associated with 
managing the workload of employees taking paid parental leave under the new definition. As 
such, agencies and institutions may experience an increase in expenditures if it is necessary to 
hire temporary employees or offer current employees a temporary salary increase to manage the 
workload resulting from newly eligible employees using paid parental leave under the bill. 
 
When an employee separates from state employment, they forfeit accrued sick leave but are paid 
up to 45 days of unused annual leave. Newly eligible employees would be able to retain annual 
leave that may have otherwise been used. As such, agencies may experience an increase in 
expenses resulting from leave payouts to employees accruing additional leave if an employee 
separates from covered employment. DSHR reports that in FY 2023-24, of the 958 employees 
who used paid parental leave, 112 separated from employment immediately thereafter, 94 of 
which were owed annual leave payout in the total amount of $139,457. Of the 94 employees, 2 
had accrued the maximum annual leave carryforward amount of 45 days.  
 
The total impact of this bill will vary depending on the number of newly eligible employees that 
use parental leave, the ability for the agency or institution to manage the workload while 
employees are using the parental leave, and any additional leave payout that is required due to 
the changes. As this will vary widely by agency and institution, the impact of this bill is 
undetermined. 
   
__________________________________ 
Frank A. Rainwater, Executive Director  
 
DISCLAIMER: THIS FISCAL IMPACT STATEMENT REPRESENTS THE OPINION AND INTERPRETATION OF THE 
AGENCY OFFICIAL WHO APPROVED AND SIGNED THIS DOCUMENT. IT IS PROVIDED AS INFORMATION TO 
THE GENERAL ASSEMBLY AND IS NOT TO BE CONSIDERED AS AN EXPRESSION OF LEGISLATIVE INTENT. 
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H. 3645 
 
This bill is not expected to have an expenditure impact on DSHR to implement the changes, as 
the management of the revised definition of eligible state employee is expected to take place 
under normal agency operations.  
 
State Revenue 
N/A 
 
Local Expenditure 
N/A 
 
Local Revenue 
N/A