Effective October 1, 2026, South Carolina’s Senate Bill 1043, the Civil Air Patrol Leave Act, creates a new job-protected leave entitlement for employees who serve as members of the Civil Air Patrol. The law applies to both public and private employers and establishes leave rights for qualifying emergency service and training activities.
New Civil Air Patrol Leave Requirements
Under the Act, employers must provide eligible employees with:
- At least 30 days of leave per calendar year for Civil Air Patrol emergency service operations; and
- At least 10 days per calendar year for Civil Air Patrol training and proficiency activities.
The leave is intended to allow Civil Air Patrol members to participate in emergency response and preparedness activities without jeopardizing their employment.
Employee Notice and Documentation Obligations
To qualify for the Act’s protections, employees must satisfy certain requirements.
Among other obligations, employees must:
- Notify their employer of their Civil Air Patrol membership within 30 days of accepting employment;
- Comply with applicable notice requirements when leave is needed; and
- Meet return-to-work and documentation requirements established by the Act.
Employers may request appropriate documentation to verify eligibility for leave and participation in qualifying activities.
Anti-Discrimination and Job Protection Provisions
The Act includes broad employment protections for Civil Air Patrol members.
Employers may not:
- Discharge an employee for taking Civil Air Patrol leave;
- Reprimand or discipline an employee for exercising rights under the Act;
- Discriminate against an employee because of Civil Air Patrol service; or
- Otherwise take adverse action against an employee for complying with the Act.
These protections are intended to ensure employees can fulfill Civil Air Patrol responsibilities without fear of retaliation.
Protection of Employment Rights and Benefits
Employees utilizing Civil Air Patrol leave are entitled to retain employment-related protections afforded by the statute.
The Act provides mechanisms for employees to seek restoration of certain employment rights, including employee benefits and seniority, if those rights are improperly denied or withdrawn.
Employers Impacted
The law applies broadly to:
- Private employers operating in South Carolina;
- Public employers in the state; and
- Employees who are members of the Civil Air Patrol, including both South Carolina residents and nonresidents performing services in the state.
Employers that currently have military leave or emergency responder leave policies should review those policies to ensure they account for the new entitlement.
Enforcement and Remedies
Employees who believe their rights have been violated may bring a civil action against a noncompliant employer within one year.
Available remedies may include:
- Reinstatement;
- Recovery of back wages for public employees;
- Restoration of improperly denied benefits or seniority; and
- Other equitable relief ordered by a court.
Employer Takeaway
With the Act taking effect October 1, 2026, South Carolina employers should review leave policies and train managers on the new requirements. Employers should also establish procedures for handling leave requests, documentation, and return-to-work obligations for employees serving in the Civil Air Patrol. The new law expands South Carolina’s protections for employees performing public service roles and creates another job-protected leave category that employers must incorporate into their compliance programs.