South Carolina employers must soon provide Civil Air Patrol leave

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 fall into two different calendar years. For example, if an employee requests 15 days of training leave – with 9 days to be taken in December 2026 and 6 days in January 2027 – the employer would need to grant the leave.

Employers may voluntarily provide additional leave or allow employees to convert up to 5 days from one leave category to the other when faced with an insufficient leave balance.

Payment for leave

The Act distinguishes between public and private employers regarding whether the leave is paid or unpaid. For public employers, the leave is paid. For private employers, the leave can be paid or unpaid, at the employer’s option.

Unused leave does not carry over from year to year and is not payable upon separation from employment.

Notice and documentation

The Act establishes several responsibilities for employees. Employees generally must

• Notify a new employer of Civil Air Patrol membership within 30 days of hire. If the employee is a current member of the Civil Air Patrol, he or she must notify the employer by October 31 of this year.
• Provide as much notice as possible for emergency deployments.
• Provide at least two weeks' notice for training leave.
• Provide notice of intent to return to work within 8 hours of leaving an emergency service operation.
• Return to work within 18 hours of leaving an emergency service operation or at the start of the next regular workday, whichever is later.
• Update the employer periodically on the expected duration of leave and the anticipated return date after an emergency service operation.
• Provide documentation verifying participation when requested.

Employers may request documentation confirming the approval of the employee's participation and proof that the employee actually participated in the training or emergency operation.

Exceptions to the leave requirements

An employer may deny Civil Air Patrol leave to “an employee who is required to respond to either the same or other simultaneous emergency service operation as a first responder, emergency manager, or other emergency services personnel for a local, state, or federal agency.”

In addition, employers may deny leave for an employee designated as “essential,” but the statute encourages employers to accommodate leave whenever the employee’s absence would not create demonstrable operational harm. The Act does not specify how employers should determine whether an employee is considered “essential.”

Job protection and anti-retaliation

The Act provides significant employment protections. Employers generally may not

• Require employees to exhaust vacation, paid time off, or other leave before using Civil Air Patrol leave.
• Discontinue employee benefits during protected leave.
• Refuse to restore an employee to the same or an equivalent position after the leave, absent independent legitimate reasons that are unrelated to the leave.
• Discharge, discipline, reprimand, or otherwise discriminate against an employee for exercising rights under the Act.

Private right of action

An employee may file a civil action within one year of an alleged violation. Available remedies include reinstatement, back pay (for public employees), restoration of lost benefits or seniority, and equitable relief.

Action items for South Carolina employers

Before October 1, South Carolina employers should do the following:

• Update employee handbooks and leave policies to cover Civil Air Patrol leave and to expressly state that, upon separation from employment, unused leave will not be paid out.
• Determine whether leave will be paid or unpaid (private employers only).
• Develop procedures for notice and documentation requests.
• Identify positions that qualify as “essential,” with documentation supporting the rationale.
• Train supervisors and Human Resources regarding the Act's anti-retaliation provisions.
• Coordinate Civil Air Patrol leave with existing military leave, PTO, and other leave policies to ensure consistent administration.

Although relatively few employees are likely to qualify for Civil Air Patrol leave, the new law creates another protected leave category that South Carolina employers must administer carefully. Employers should review their policies now to ensure compliance before the Act becomes effective on October 1.

For assistance with the South Carolina Civil Air Patrol Leave Act, please contact an attorney in Constangy’s Columbia office.