The South Carolina Attorney General’s Office has released an official opinion that concludes state law on paid parental leave covers parents who have experienced a stillbirth. The opinion was issued in response to concerns that some teachers and state employees were being denied the benefit despite the medical nature of the event.
The legal opinion argues that a strict interpretation of the law, which uses the broad term “birth” rather than “live birth,” supports this conclusion. The Attorney General’s Office stated that to interpret the law otherwise would be an absurd and unjust result, as parents who deliver a stillborn child undergo the same major medical event as those whose child is born alive.
The opinion highlights that the state legislature has consistently shown a policy choice to recognize and protect unborn life in various other legal contexts. Given this precedent, the Attorney General’s office believes the General Assembly intended for parental leave benefits to be available in cases of stillbirth. The opinion also notes the significant physical and emotional trauma experienced by parents who suffer such a loss.
While the opinion is advisory and not a binding legal ruling, it serves as a strong recommendation for state agencies to grant paid parental leave in cases of stillbirth. It also urges the General Assembly to clarify the law to prevent future delays or denials of benefits for grieving parents. This clarification would ensure that parents are not forced to fight for benefits they are entitled to during a time of great personal tragedy.
Sign up for our Sunday Spectator. Delivered to your inbox every Sunday, with all the news from the week.
