The South Carolina Attorney General’s Office has issued an official opinion stating that state laws on paid parental leave apply to parents who experience a stillbirth. The opinion comes after State Representative Neal Collins raised concerns that some teachers and state employees were being denied paid parental leave following a stillbirth, even though they had undergone the same major medical event as parents of children born alive.
“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 opinion points out that sections 8-11-150 and 8-11-151 of the South Carolina Code, which govern paid parental leave, do not limit benefits to “live births.” Instead, they use the broader term “birth.” According to the Attorney General’s Office, this indicates that lawmakers intended for parents who deliver a stillborn child to receive the same paid parental leave as those whose child is born alive.
“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 in nature, the opinion calls on lawmakers to clarify existing statutes 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,” according to the conclusion of the opinion.
