South Carolina · S.1043 / Act 250

Civil Air Patrol Leave Act (S.1043, Act 250): SC employers must give CAP volunteers at least 40 days of leave a year

Effective Oct. 1, 2026

Published October 18, 2026 · Last updated October 18, 2026

What it does

The act adds a new Chapter 23 to Title 25 of the S.C. Code, the “Civil Air Patrol Leave Act.” (Act No. 250, Sections 1–2) A Civil Air Patrol member is a member of the official civilian auxiliary of the U.S. Air Force, represented in the state mainly by the South Carolina Wing. (§ 25-23-10(2))

• Emergency leave: at least 30 days a year. For responses to an “emergency service operation,” which includes Air Force or CAP-assigned missions, a state of emergency or disaster declared by the President or Governor that covers any part of South Carolina, or a request for help from a state or local agency. With prior approval of the employer and the wing commander, it may also be used for mutual aid requests from other states. (§§ 25-23-10(3), 25-23-20(A))
• Training leave: at least 10 days a year, for training administered by CAP, the Air Force, FEMA or other emergency management organizations. (§ 25-23-20(B))
• Paid or unpaid. Public employers must pay for all CAP leave at the employee’s current pay rate. Private employers may provide it as paid or unpaid leave. (§ 25-23-20(D))
• Yearly lump sum. Leave is available at the start of each calendar year, is forfeited at year’s end, and is not paid out when an employee leaves. Employers may grant more, or let employees shift up to five days between the two categories. (§ 25-23-20(C)–(E))

Who it affects

• Employees who are CAP members, including residents paid wages for services anywhere and nonresidents paid for work in South Carolina. (§ 25-23-10(4))
• Public and private employers of all kinds; the act does not include a small-employer exemption. (§ 25-23-20)

What it means for you

If you are a CAP member, you must: (§ 25-23-30(A); Act Section 3)

• tell your employer about your membership within 30 days of accepting a job (current members: within 30 days after October 1, 2026);
• within 8 hours of ending an emergency operation, tell your employer you intend to return, and return within 18 hours or at the start of your next regular workday, whichever is later; and
• keep your employer updated on how long you expect to be gone.

Your employer may require: for training, at least two weeks’ notice, your return date, approval from your CAP group commander and proof of participation; for operations, as much notice as possible, approval from your commander, the incident commander or the requesting organization, and proof of participation. (§ 25-23-30(B))

When leave can be denied: an employer does not have to grant leave to someone who must respond to the same or another emergency as a first responder, emergency manager or other emergency services worker for a government agency, and may deny leave to an employee designated as essential. (§ 25-23-40)

Protections: CAP leave is a separate category; you don’t have to use other leave first, and you keep your benefits during leave. You are entitled to return to your job or an equivalent one, unless the employer proves the reason was unrelated to the leave. Employers may not discharge, reprimand, discriminate against or discipline you for using CAP leave under the act. You can sue within one year, in the county where you work, for reinstatement, back wages (public employees), lost benefits or seniority, and other equitable relief. (§ 25-23-50)

Cost and impact

The act does not include a cost estimate. Its direct cost falls on public employers, which must pay for the leave; private employers can choose unpaid leave. (§ 25-23-20(D))

Current status

The Senate passed the bill 46–0 on second reading on May 7, 2026. The House amended it and passed it 114–0 on May 14, and the Senate agreed to the House amendment 37–0 on June 25, 2026. It was ratified June 29 and signed by the Governor on June 30, 2026, as Act No. 250. (Bill history)

What happens next

The act took effect October 1, 2026, and applies to qualifying events on or after that date. (Act Section 5)

Sources

• SC Legislature: 2025-2026 Bill 1043, status, history and ratified text
• Ratified text of Act No. 250 (Word)

Legislators connected to this bill

Current members listed as sponsors on the official bill page, or with a sourced public statement about it. Details and sources are on each member page.

SC Senate

• Sen. Jeffrey R. Graham (Senate District 35): sponsor
• Sen. Jeff Zell (Senate District 36): sponsor
• Sen. Matthew W. "Matt" Leber (Senate District 41): sponsor
• Sen. Brian Adams (Senate District 44): sponsor

Every statement above is drawn from the official source text linked here; section references are shown in grey. This is a plain-English summary, not legal advice. Spot an error? Tell us.