South Carolina teachers denied paid leave after stillbirths

COLUMBIA, S.C. (WSPA) – A controversy is unfolding in South Carolina’s public schools as some teachers have said they were denied paid, parental leave.

Rep. Neal Collins (R – Pickens) said he has spoken to three teachers who said they were denied paid parental leave after having stillbirths, something Collins said is against the law.

In 2023, state lawmakers passed a bill that gives public school employees who are the birthing parent six weeks of paid parental leave.

Collins said some districts are interpreting the law so that the legislation only applies to births where the child survives.

“Mothers suffering from this tragic event shouldn’t have to worry about whether they get paid parental leave or not,” he said.

Collins added that districts are telling women who experience stillbirths that they are not allowed the six-week leave period.

“At the end of the day, what I’m concerned about is at that moment of birth or stillbirth that we don’t add any stressors to the mother and that this be crystal clear that a qualifying event is a stillbirth when it comes to paid parental leave.”

Collins wrote a letter to Attorney General Alan Wilson, asking for an opinion on whether stillbirths qualify under the law.

“It’s unfortunate that we have to clarify this, in the statute for certain,” Collins continued. “Interpretations, but, look forward to making it clear that qualifying event of a stillbirth does qualify as a birth.”

Jason Raven from the South Carolina Department of Education said “Nothing in law prohibits or discourages districts from extending this benefit to staff experiencing these tragic situations, and we would urge districts to respond with common sense and compassion for these teachers.”

Collins said in two of the cases he knows about, districts have changed their policy and given them leave.

He said a legal opinion from the Attorney General could arrive in the coming weeks, and he plans on filing additional legislation to clarify these terms.