Monday, September 28, 2026
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South Carolina
Key Takeaways
Impacted Employers: All employers
Effective Date: October 1, 2026
Summary: Employers must provide emergency response leave and training leave to eligible employees for certain Civil Air Patrol purposes.
Next Steps: Update leave policies and procedures and train managers on how to respond to Civil Air Patrol leave requests.
The Details
South Carolina has enacted legislation (Act 250), requiring employers to provide emergency response leave and training leave to members of the official civilian auxiliary of the United States Air Force (the Civil Air Patrol). Act 250 is effective October 1, 2026.
Leave
Under the law, starting Oct. 1, 2026, employers must provide eligible employees with the following amounts of Civil Air Patrol leave per calendar year:
See the text of the law for further definitions and details.
Note: Private employers are not required to pay employees for Civil Air Patrol leave.
Employers must restore employees to the same (or an equivalent) position after the leave, except for reasons that are unrelated to the leave.
Exceptions
An employer may deny Civil Air Patrol leave to an employee who is designated as an essential employee, or an employee who must respond to the same or simultaneous emergency service operations for a local, state or federal agency as a first responder, emergency manager, or other emergency services personnel.
Note: Employers may accommodate leave when an employee's absence would not create operational harm.
Accrual and Carryover
The Civil Air Patrol leaves must be available in a lump sum at the start of each calendar year, and unused leave does not carry over from year to year.
An employer may also choose to:
- Provide additional leave; or
- Allow employees to convert up to five days of one leave category to another leave category when one has an insufficient balance.
Employers do not need to pay out unused Civil Air Patrol leave when an employee separates from employment.
Employee Notice
Under the Act, an employee generally must notify a new employer of Civil Air Patrol membership within 30 days of hire.
Note: Employees who are current members of the Civil Air Patrol must notify their employer of their membership by Oct. 31, 2026.
Employee Emergency Operations Leave Requirements
Covered employees must also:
- Provide as much notice as possible;
- Provide approval of their participation in the operation from their Civil Air Patrol group commander or higher authority, the incident commander, or the requesting organization;
- Update their employer periodically on the expected duration of any absence and expected date of return due to an emergency service operation (when possible);
- Inform the employer of their intent to return within eight hours of ending participation in an emergency service operation; and
- Provide proof of participation from the operation's leadership or their designee.
Note: A covered employee must return to work within 18 hours of leaving an emergency service operation or at the start of the next regular workday (whichever is later).
Employee Training Leave Requirements
Covered employees must provide:
- At least two weeks' notice;
- Their return to work date;
- Approval of their participation in the requested training by their Civil Air Patrol group commander (or higher authority); and
- Proof of their participation (including the dates of training) from the training provider or their designee.
Nonretaliation
Under the Act, an employer generally may not take adverse actions against covered employees for exercising their rights under the law.
Note: Private employers that are found to have violated the law may be required to reinstate employees, among other things. See the text of the law for further details.
Next Steps
Update leave policies and procedures and train managers on how to respond to Civil Air Patrol leave requests by Oct. 1, 2026.