If you’re sick in SC do you have to give your boss a doctor’s note? Here’s what the law says

South Carolina law on health benefits for employees is quite straightforward.

There isn’t one.

Employers don’t have to offer sick leave. And they can require an employee to bring in a doctor’s note if you take a sick day.

South Carolina is among 20 states that do not legislate what private companies need to do for employees with regard to sick leave.

Two states — Alaska and Nebraska — passed bills requiring sick leave this year. And two of the 30 changed their laws to make more people eligible.

Connecticut will require companies with 11 or more employees to offer sick leave, as opposed to 25, in January 2026 and will drop the limit in January 2027.

Michigan will require all companies to offer sick leave in October.

JUST Capital, which measures and ranks companies based on fair practices, said 77% of workers in private industry had paid sick leave as of February 2023.

But part-time workers do not.

TCW Global payroll services said the federal Family and Medical Leave Act ensures workers can keep their jobs if they are sick but they are not required to be paid and must work for a company with 50 or more employees, have worked for at least 12 months, and have logged at least 1,250 hours in the previous year.

Up to 12 weeks of leave is allowed for serious health conditions, caring for a spouse, child, or parent with a serious health condition, the birth, adoption, or foster placement of a child and some military caregiving needs.

South Carolina Rep. Chris Wooten, who represents Lexington County, introduced a bill in 2023 that would allow employees to take three sick days without being required to submit a doctor’s note to an employer. It never made it out of the House Committee on Ways and Means.

The law firm Wusinich, Sweeney & Ryan says companies that do require a doctor’s note can refuse to accept it if it is imprecise about things such as the length of expected absence or if they believe the note to be fake.

Upcounsel, an online group of lawyers that offer employment assistance, said employers may set requirements for doctor’s notes if state laws do not.

The note should include the date of examination and the period the employee is to be off work due to illness, without violating patient confidentiality.

Employers can also request a doctor’s note to verify a disability and the need for accommodations. A note may be required if a disability is not readily apparent, such as a heart condition or arthritis.

The company may not then use the note as a reason for discriminating against or firing the employee, Upcounsel said.

“If companies are concerned about a contagious disease, they can request a doctor’s note that states the employee is not contagious before returning to work for safety precautions,” Upcounsel said.

“According to the U.S. Department of Labor, however, employees are under no obligation to provide copies of medical records or discuss details related to their injuries or illnesses. That information is considered private under the law.”