Summary: Paul Kramer details the requirements of South Carolina’s Civil Air Patrol paid leave law. He provides next steps to evaluate your workforce compliance with this newest legislation.
Covered employees: Members of the Civil Air Patrol in South Carolina
Action items: Employers operating in South Carolina should update their leave policies and practices. Train key staff to properly respond to Civil Air Patrol leave requests.
By: Paul Kramer
Table of contents:
- What are the leave types for Civil Air Patrol members?
- When can employers deny leave?
- What is the policy for leave availability and carryover?
- Must employees notify their employer about their Civil Air Patrol membership?
- What are the employee requirements for emergency response leave?
- What are the employee requirements for training leave?
- Is retaliation prohibited?
- What is next for employers?
The Civil Air Patrol is the official civilian auxiliary of the United States Air Force. The organization performs emergency services such as search and rescue operations, disaster relief, aerial reconnaissance, homeland security support, as well as other core duties. Although Civil Air Patrol leave is not a widely known leave type, many states including California, Colorado, Florida, Illinois and Maryland require this leave.
Additionally, effective October 1, 2026, South Carolina enacted legislation mandating employers to provide “emergency response leave” and “training leave” to members of the Civil Air Patrol.
Here are key aspects of South Carolina’s new Civil Air Patrol leave law:
What are the leave types for Civil Air Patrol members?
Beginning October 1, 2026, public and private employers must provide eligible employees with Civil Air Patrol leave.
They must provide these amounts per calendar year:
- Up to 30 days of emergency response leave to participate in emergency service operations and mutual aid requests from another state.
- Up to 10 days of training leave for training and proficiency activities, including qualifying training administered by the Civil Air Patrol, the United States Air Force, the Federal Emergency Management Agency, and other emergency management organizations.
The law differentiates between public and private employee leave requirements regarding pay. For public employees, the leave is paid at their current pay rate but for private employees, the leave can be paid or unpaid at the employer’s discretion.
When can employers deny leave?
Employers may deny Civil Air Patrol leave to employees labeled “essential.” They may also deny leave to employees who must respond to the same emergency service operations. This applies when the employee serves a local, state or federal agency. It includes first responders, emergency managers and other emergency services personnel.
The law, however, encourages employers to grant leave whenever the employee’s absence will not create demonstrable organizational harm.
What is the policy for leave availability and carryover?
The Civil Air Patrol leaves must be available in a lump sum at the start of each calendar year. Unused leave does not carry over to the next year. Employers may also choose to provide more leave than required by law or allow employees to use up to five days of leave from one leave category for the purpose of the other, in the event the desired leave category has an insufficient balance.
Must employees notify their employer about their Civil Air Patrol membership?
Employees must notify a new employer about Civil Air Patrol membership within 30 days of accepting the job. Current employees who are members of the Civil Air Patrol, however, must notify their employer of their membership by October 31, 2026.
What are the employee requirements for emergency response leave?
Employees taking emergency response leave must:
- Provide as much notice as possible for expected absences
- Provide approval of their participation in the operation from their Civil Air Patrol group commander or higher authority, the incident commander or the requesting organization
- Periodically update their employer on the expected leave duration and expected date of return, as possible
- Inform the employer of their intent to return within eight hours of leaving an emergency service operation
- Provide verification of their participation from the operation’s leadership or its designee when requested
An employee must return to work within 18 hours of leaving an emergency service operation or at the start of the next regular workday, whichever is later.
What are the employee requirements for training leave?
Employees taking training leave must provide:
- At least two weeks’ notice
- A return-to-work date
- Approval of their participation in the requested training by their Civil Air Patrol group commander or higher authority
- Proof of their participation, including the training dates, from the training provider or their designee
Is retaliation prohibited?
Employers may not take adverse action against employees such as discharge, discipline or discrimination for exercising their Civil Air Patrol leave rights.
What is next for employers?
Before October 1, 2026, employers should update their leave policies and practices. They should train staff to respond properly to Civil Air Patrol leave requests. Additionally, contact your lawyer if you have questions or concerns about this new leave right. This may help you avoid costly workforce compliance mistakes.
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