South Carolina § 38-103-10 - Definitions.

§ 38-103-10. Definitions.

For purposes of this section:

(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:

(a) under eighteen years of age; or

(b) eighteen years of age or older and incapable of self-care because of a mental or physical disability.

(2) "Department" means the Department of Insurance.

(3) "Director" means the director of the Department of Insurance.

(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.

(5) "Family leave" means any leave taken by an employee from work pursuant to Section 38-103-20.

(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:

(a) the birth of a child or adoption of a child by the employee;

(b) the placement of a child with the employee for foster care;

(c) care of a family member of the employee who has a serious health condition; or

(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.

(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.

(8) "Health care provider" means a person licensed to provide health care services under Title 40.

(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.

(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.

(11) "Service member" means a member of the United States Armed Forces in active military service.

HISTORY: 2024 Act No. 206 (H.4832), SECTION 2, eff May 21, 2024.