{"data":{"id":"us-sc/s.c.-code-ann.-38-103-10","jurisdiction":"us-sc","citation":"S.C. Code Ann. § 38-103-10","heading":"Definitions.","body":"For purposes of this section:\n(1) \"Child\" means a biological, adopted, or foster son or daughter; a stepson or stepdaughter; a legal ward; a son or daughter of a domestic partner; or a son or daughter of a person to whom the employee stands in loco parentis who is either:\n(a) under eighteen years of age; or\n(b) eighteen years of age or older and incapable of self-care because of a mental or physical disability.\n(2) \"Department\" means the Department of Insurance.\n(3) \"Director\" means the director of the Department of Insurance.\n(4) \"Employee\" means an individual for whom an employer must complete a Form I-9 pursuant to federal law and regulations and does not include an independent contractor.\n(5) \"Family leave\" means any leave taken by an employee from work pursuant to Section 38-103-20.\n(6) \"Family leave insurance\" means an insurance policy issued to an employer related to a benefit program provided to an employee to pay for a percentage or portion of the employee's income loss due to:\n(a) the birth of a child or adoption of a child by the employee;\n(b) the placement of a child with the employee for foster care;\n(c) care of a family member of the employee who has a serious health condition; or\n(d) the status of a family member of the employee who is a service member on active duty or who has been notified of an impending call or order to active duty.\n(7) \"Family member\" means a child, spouse, or parent, or another person defined as a family member in a policy of insurance issued under this chapter.\n(8) \"Health care provider\" means a person licensed to provide health care services under Title 40.\n(9) \"Parent\" means a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stands in loco parentis to the employee when the employee was a child.\n(10) \"Serious health condition\" means an illness, injury, impairment, or physical or mental condition, including transplantation preparation and recovery from surgery related to organ or tissue donation, that involves in-patient care in a hospital, hospice, or residential health care facility, continuing treatment or continuing supervision by a health care provider as defined in the insurance policy. Continuing supervision by a health care provider includes a period of incapacity which is permanent or long term due to a condition for which treatment may not be effective and where the family member need not be receiving active treatment by a health care provider.\n(11) \"Service member\" means a member of the United States Armed Forces in active military service.","path":["Title 38 - INSURANCE","CHAPTER 103 Paid Family Leave Insurance"],"source_url":"https://www.scstatehouse.gov/code/t38c103.php","current_through":"2025 Session of the General Assembly","vintage":"","retrieved_at":"2026-09-02T07:16:14Z","sha256":"8cf38e694d898a145e44bf2ff21f6896118cd9d9fb9351ed9f6ab31fd760fa2e","source_id":"us-sc","stale":false,"prev":"us-sc/s.c.-code-ann.-38-101-140","next":"us-sc/s.c.-code-ann.-38-103-20"},"notice":"GroundRules: Original legal text. Not legal advice."}
