South Carolina Lawyers Advocate for Paid Leave After Stillbirths

South Carolina’s legal experts have called for the state’s family leave law to extend its benefits to parents experiencing stillbirths. A recent opinion from the South Carolina Attorney General’s Office asserts that parents should receive at least six weeks of paid leave in the event of a stillbirth, aligning with the provisions currently afforded to those welcoming a living child.

In 2023, lawmakers approved paid family leave for teachers and other state employees, but reports surfaced indicating that some school districts denied paid leave for parents whose children were stillborn. Republican Representative Neal Collins, the lead sponsor of the legislation, noted that he had received accounts from at least three school districts that refused to grant this leave. He emphasized the emotional and physical toll of stillbirth, stating, “Even though their child was stillborn, these parents went through the birthing process, a major medical event.”

Collins formally requested the opinion of the Attorney General’s Office to clarify the law’s language regarding paid leave. The office’s response highlighted a critical distinction in the existing statute, which refers to “birth” without specifying “live birth.” In various contexts within South Carolina law, including issues surrounding abortion and wrongful death, a fetus that can survive outside the womb is recognized as a person.

Bob Cook, Solicitor General Emeritus, articulated the perspective of the Attorney General’s Office, stating, “Giving birth to a stillborn child is physiologically identical to giving birth to a living child, although far more traumatic. Parents in this circumstance deserve the time, support, and benefits guaranteed under law to recover from their tragic loss.”

While the Attorney General’s opinion is not legally binding, it serves as an indication of how a judge might interpret the law regarding this sensitive issue. Cook suggested that lawmakers, including Collins, pursue legislation in 2026 that would explicitly include stillbirths in the family leave provisions.

Collins affirmed his commitment to this initiative and expressed optimism about garnering support within the state assembly. He refrained from naming the districts that denied leave to protect the identities of grieving parents.

As discussions about this critical issue continue, the focus remains on ensuring that all families receive the necessary support during their most challenging times. The call for inclusive family leave reflects a growing recognition of the complex emotional and physical realities faced by parents dealing with stillbirth, emphasizing the importance of compassionate and equitable policies in the workplace.