South Carolina Employment Laws for Employers
Reviewed Sep 27, 2026 4 of 13 rules verified against official sources How we verify
Not a substitute for the advice of an attorney. General information; laws vary by state. Terms of use
Final pay and unused vacation
Final paycheck
If you fire someone, when is the last paycheck due?48 hoursVerified Aug 31, 2026 · 2 official sources
When an employee leaves the payroll for any reason, all wages due must be paid within 48 hours of separation or by the next regular payday, which may not be more than 30 days later. (S.C. Code Ann. § 41-10-50)
“When an employer separates an employee from the payroll for any reason, the employer shall pay all wages due to the employee within forty-eight hours of the time of separation or the next regular payday which may not exceed thirty days.”
Put it in writing with the termination letter template for South Carolina.
If an employee quits, when is the last paycheck due?48 hoursVerified Aug 31, 2026 · 2 official sources
When an employee leaves the payroll for any reason, including quitting, all wages due must be paid within 48 hours of separation or by the next regular payday, which may not be more than 30 days later. (S.C. Code Ann. § 41-10-50)
Same official text as quoted above (see the quote; S.C. Code Ann. § 41-10-50 · scstatehouse.gov).
“Q. If I quit my job, or if I am terminated, does my employer have to pay me all wages due that day? A. No. State law requires the employer to pay an employee all wages due him or her within 48 hours of the day of separation OR the next regularly-scheduled payday, not to exceed 30 days.”
Unused vacation (PTO) at separation
Do you have to pay out unused vacation when someone leaves?Depends on your policyVerified Aug 31, 2026 · 2 official sources
In South Carolina, whether earned but unused vacation must be paid at separation depends on the employer's policy. (S.C. Code § 41-10-10(2))
“"Wages" means all amounts at which labor rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the amount and includes vacation, holiday, and sick leave payments which are due to an employee under any employer policy or employment contract.”
“Q. Upon leaving a company, am I entitled to receive pay for any vacation and/or sick time that I have earned but not used? A. It depends on the company's policy.”
Wages, paydays and breaks
Paydays
How often do you have to pay?Depends on the caseVerified Sep 27, 2026 · 2 official sources
South Carolina sets no fixed pay frequency: employers with 5 or more employees must notify employees in writing at hiring of the time and place of payment and pay on those terms. (U.S. DOL WHD, State Payday Requirements)
“20 South Carolina. Employers with 5 or more employees are required to give written notice at the time of hiring to all employees advising them of their wages agreed upon, and the time and place of payment along with their expected hours of work.”
“This chapter applies to all employers in South Carolina except that Section 41-10-30 does not apply to: (1) employers of domestic labor in private homes. (2) employers employing fewer than five employees at all times during the preceding twelve months.”
Pending verification. Not verified for South Carolina yet, so no answer is shown. Each link opens the official source to check.
Paid sick leave
Pending verification:
Ending employment
Pending verification:
South Carolina and its neighbors
| State | Final pay after firing | Final pay after quitting | Minimum wage | Paid sick leave |
|---|---|---|---|---|
| South Carolina | 48 hours | 48 hours | Pending verification. Official source (dol.gov). | Pending verification. Official source (llr.sc.gov). |
| North Carolina | Next regular payday | Next regular payday | $7.25 per hour | No statewide law |
| Georgia | Pending verification. Official source (dol.georgia.gov). | Pending verification. Official source (dol.georgia.gov). | $7.25 per hour (federal) | Pending verification. Official source (dol.georgia.gov). |
Verified rules only; open a state for its sources.
What an employee costs in South Carolina
Every employer pays Social Security 6.2% (Publication 15), Medicare 1.45% (Topic 751) and FUTA (Topic 759). South Carolina adds its unemployment insurance tax:
| South Carolina payroll tax, 2026 | Amount |
|---|---|
| Taxable wage base per employee | $14,000 |
| Rates for experience-rated employers | 0.00% to 5.40% |
| New-employer rate | 1.00% |
| FUTA credit reduction | None for 2025 or 2026 |
| Estimated employer taxes on a $40,000 salary | $3,242 (8.1%) |
Of the $3,242, $140 is South Carolina unemployment insurance tax (1.00% on the first $14,000 of wages) and $3,102 is federal tax.
The estimate counts FUTA at 0.6% of the first $7,000 ($42 per employee), which assumes the full FUTA credit (Topic 759).
Estimate for a new employer and a full year; check with your payroll provider. Sources: U.S. DOL, State UI Laws, July 2026, page 5; U.S. DOL, FUTA credit reductions.
Federal wage enforcement in South Carolina
In FY2021 to FY2025, the federal Wage and Hour Division concluded 926 cases in South Carolina (n = 926), 779 with violations, finding $12,633,267 in back wages owed to 11,322 employees and assessing $3,133,390 in civil money penalties (DOL enforcement data). Overtime back wages were part of 57.9% of the violation cases. OSHA opened 2,327 inspections in the same years (OSHA data). Enforcement data is not a violation rate: it shows where federal investigators looked. Wage violations by industry.
South Carolina runs its own OSHA-approved State Plan that covers private employers, so workplace safety rules for most private workplaces in South Carolina are enforced by the state program rather than by federal OSHA (OSHA: State Plans).
Changelog
- Sep 24, 2026: first verified, 1 rule.
- Sep 26, 2026: verified: final pay after firing, now backed by two independent official sources. (llr.sc.gov)
- Sep 26, 2026: verified: final pay after quitting, now backed by two independent official sources. (llr.sc.gov)
- Sep 26, 2026: verified: unused vacation (PTO) payout, now backed by two independent official sources. (llr.sc.gov)
Questions about South Carolina employment laws
When is the final paycheck due after firing someone in South Carolina?
When an employee leaves the payroll for any reason, all wages due must be paid within 48 hours of separation or by the next regular payday, which may not be more than 30 days later. (S.C. Code Ann. § 41-10-50)
Sources (4)
Checked Sep 27, 2026 · How we verify every rule · Report an error
General information, not legal advice. Not a substitute for the advice of an attorney. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Report an error