South Carolina lawyers: Paid family leave should cover stillbirths

South Carolina's top lawyers have concluded that the state's paid parental leave law should be interpreted to include stillbirths, and that parents who suffer a stillbirth are entitled to at least six weeks of paid time off under the statute.

The Attorney General's Office issued the opinion after Republican Rep. Neal Collins, the law's lead sponsor, asked for clarification following reports that some school districts were denying paid leave to employees whose infants were stillborn. "Even though their child was stillborn, these parents went through the birthing process, a major medical event. They need their promised paid parental leave benefits to best recover from their tragic loss and suffering," Collins wrote in his letter requesting the opinion.

Lawmakers approved the paid leave measure in 2023 for teachers and other school district workers as well as other state employees. After the law took effect, Collins said he heard of at least three school districts that refused to allow teachers paid leave when their babies died during childbirth, prompting his request for an official opinion from the Attorney General's Office.

The office's interpretation centers on the statute's use of the word "birth" rather than "live birth," and it concluded that the plain language supports coverage for births that do not result in a live infant. The opinion states that employees who experience a stillbirth should be eligible for the same minimum period of paid leave provided to parents after a birth: at least six weeks.

Attorney general opinions are issued to interpret state law and guide the actions of state agencies and officials, though they are not court rulings. The advisory guidance is intended to help employers and local officials apply the law consistently while questions about interpretation are resolved.

The opinion addresses what sponsors and advocates say was an unintended gap in the 2023 statute. Supporters of the clarification said employees who endure a stillbirth undergo major medical procedures and emotional trauma comparable to other parents covered by the law and therefore should receive equivalent leave benefits.

School districts and other state employers now have an official legal interpretation they can use when reviewing their leave policies. The Attorney General's Office did not announce enforcement actions in issuing the opinion; implementation decisions will generally rest with the employing authorities and, where contested, could be resolved in the courts or through administrative processes.

The opinion was reported Sept. 3, 2025, in an account filed by The Associated Press. Lawmakers and affected employees said the clarification aims to ensure consistent access to paid parental leave for those who experience stillbirths and to eliminate disparities in how the 2023 law is applied across districts and agencies.