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Columbia, SC 29201
Phone: (803) 737-0900
  • SC Code of Laws § 41-10-50


  • State HR Regulations Section 19-719




  • Notice Upon Resignation

    Q: Upon resignation, what is the minimum amount of notice that an employee
    should give to the agency?


    A: Generally, upon resignation, an employee should give a minimum of two
    weeks notice to the agency.

    Q: Is an agency required to respond to a resignation?

    A: An offer of resignation is not complete until accepted by the agency.
    Notification of resignation should be accepted by the agency in the same manner
    as provided, whether written or oral, and an oral acceptance of a resignation
    should be generally confirmed in writing.

    Q: Can an employee withdraw his resignation?

    A: Once an employee's resignation is accepted, it may not be withdrawn,
    cancelled, or amended without the consent of the agency head or his designee.


    Exit Interviews

    Q: Are agencies required to conduct an exit interview prior to an employee's
    separation from employment?


    A: Although not required, agencies are encouraged to conduct exit
    interviews. The agency should establish a procedure that will provide
    management with information concerning reasons for an employee's separation.


    Payment of Salary

    Q: What requirements exist for agencies in issuing a final payment for wages
    and annual leave to an employee who is separated from employment?


    A: Agencies are required by South Carolina Code of Laws § 41-10-50 to
    pay all wages (including any holiday compensatory time and overtime) due to the
    employee within 48 hours of separation or on the next regular pay day which may
    not exceed 30 days. In addition to the payment of all wages, the employee will
    be paid for unused annual leave not to exceed 45 days.



    THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.