The South Carolina Legislature intended for stillborn births to also be covered by the state's paid parental leave law, according to an opinion released Wednesday by the S.C. Attorney General's Office.
The opinion was requested by state Rep. Neal Collins, who said last month in a post on X that he was aware of at least two school districts that had denied leave to mothers of stillborn infants.
At least two school districts are reading the paid parental leave statute to exclude mothers who suffer a stillbirth because it's not a "birth." I think this interpretation is statutorily incorrect & tone deaf to the intent of the General Assembly.
— Rep. Neal Collins (@collins_neal) August 5, 2025
Yesterday, I requested a… pic.twitter.com/AjCRCpnV15
Attorney General Alan Wilson's office said it believes a court would find that the state's paid parental leave laws cover stillbirths since the General Assembly did not define "birth" in its law or make specific exceptions.
The opinion said to interpret the law otherwise "would lead to an absurd and unjust result."
South Carolina law provides both state employees and teachers at least six weeks paid parental leave after giving birth.
While just an advisory opinion, the Attorney General's Office said it would urge the Legislature to clarify the law.
Collins, a Pickens Republican, said he plans to file legislation next year to make the law "crystal clear."
I have spoken to Rep.@collins_neal and support his effort to make this law crystal clear. While my office interprets current law to cover families who suffer a stillbirth, it should be written into statute. When session begins in January, I encourage South Carolinians to contact… https://t.co/hUM5BrJGvl
— Alan Wilson (@AGAlanWilson) September 3, 2025
