S.C. Code Ann. § 25-23-50: Leave administration; employee benefits and protections; civil action.
Where this section sits in the code
- Title 25 - MILITARY, CIVIL DEFENSE AND VETERANS AFFAIRS
- CHAPTER 23 Civil Air Patrol Leave Act
(A) Civil Air Patrol leave shall be administered as a separate leave category. An employee seeking to use Civil Air Patrol leave shall not be required to use or exhaust other forms of leave prior to the use of Civil Air Patrol leave.
(B) During a leave of absence, an employee shall be entitled to preserve all the employee benefits, rights, and privileges to which he is entitled.
(C) Any employee who utilizes Civil Air Patrol leave shall be entitled to return to the position he held, or a position of equivalent status, pay, and benefits, when the leave commenced. However, an employee is not entitled to return to the position held, or a position of equivalent status, pay, and benefits if the employer proves an employee was not restored to the same or similar position due to causes separate from the exercise of rights contained within this chapter.
(D) No employer may discharge, reprimand, discriminate against, or otherwise discipline an employee who is absent for use of Civil Air Patrol leave, complies with the provisions of this act, or opposes a practice not in compliance with the provisions of this act.
(E) An employee may bring a civil action against an employer who violates provisions of this act, provided that any action is filed within one year in the county in which the employee's place of employment is located. An employee may seek:
(1) reinstatement of the employee's former position;
(2) for a public employee, payment of back wages;
(3) employee benefits or seniority wrongly denied or withdrawn; and
(4) equitable relief to redress the violation or to enforce this act.
Collected 2026-10-25T03:26:55Z. Source file · JSON