Effective October 1, South Carolina employers have a new statutory leave obligation. Gov. Henry McMaster (R) signed the Civil Air Patrol Leave Act, requiring employers to provide leave for eligible employees who serve as members of the Civil Air Patrol.

Covered employers

Unlike many military leave statutes that apply only to public employers, the Civil Air Patrol Leave Act applies to both public and private employers operating in South Carolina.

Employees who are members of the Civil Air Patrol, the official civilian auxiliary of the U.S. Air Force, are eligible for leave for qualifying reasons.

Leave requirements

Beginning October 1, employers must provide

• Emergency response leave of up to 30 days per calendar year for participation in Civil Air Patrol emergency service operations, including mutual aid missions for other jurisdictions.
• Training leave of up to 10 days per calendar year for Civil Air Patrol training and proficiency activities, including qualifying training conducted by the Civil Air Patrol, the U.S. Air Force, the Federal Emergency Management Agency, or other emergency management organizations.

Because the leave is accrued on a calendar-year basis, and because the Act takes effect on October 1 of this year, it is possible that an employee could be entitled to the full annual allotment of leave in the last calendar quarter of 2026.

Employers should also note that leave requests for more than the specified number of days may be covered if the leave would...

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