The South Carolina Attorney General’s Office has issued an official opinion stating that state law on paid parental leave applies to parents who experience a stillbirth. The opinion comes after State Representative Neal Collins requested clarification due to reports that some teachers and state employees were being denied paid parental leave following a stillbirth.
“Based on the text of the law and longstanding South Carolina precedent recognizing unborn children as ‘persons,’ it is our view that the General Assembly intended for the term ‘birth’ to include stillbirths,” the opinion states. “To interpret the law otherwise would lead to an absurd and unjust result.”
The Attorney General’s Office pointed out that current statutes governing paid parental leave, specifically §§ 8-11-150 and 8-11-151 of the South Carolina Code, do not limit benefits only to “live births.” Instead, they use the term “birth,” which was interpreted by the office as including stillbirths. The opinion also referenced previous legislative actions in South Carolina that recognize and protect unborn life in other legal contexts.
“Giving birth to a stillborn child is physiologically identical to giving birth to a living child, although far more traumatic,” the opinion emphasizes. “Parents in this circumstance deserve the time, support, and benefits guaranteed under law to recover from their tragic loss.”
Although advisory, the opinion encourages lawmakers to clarify statutory language so grieving parents are not delayed or denied access to paid parental leave.
“This clarification is especially important to ensure that parents who endure the heartbreak of stillbirth are not forced to fight for benefits they were already promised,” the opinion concludes.
