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South Carolina Supreme Court Abolishes Common Law Marriages On July 24th, 2019, with a 5-0 decision, the South Carolina Supreme Court ruled that the state would no longer recognize common law marriages. This decision will have a direct impact on many employers and will require those employers to modify their employment policies and handbooks. As a result of this decision, under South Carolina law, all marriages which are entered into on or after July 24th, 2019, will require a marriage license in order to be considered as valid. Employees and their spouses who claim that they were common law married on or after July 24th, 2019, will no longer have the right to claim benefits or protection under the Federal Family and Medical Leave Act (FMLA) as well as other benefit plans or leave policies. Employers should understand that common law marriages which were entered into prior to July 24th, 2019 are still considered valid and therefore protected under the FMLA, other benefit plans and leave policies. Employers should immediately notify all employees of this change. They should also begin the process of changing affected policies, procedures and updating handbooks, plan documents and other informational and promotional materials. A company’s best defense against the potential expense and aggravation related to federal or state law violations is to proactively review and revise as needed all Human Resources policies, handbooks, hiring procedures, compensation, benefits, training programs, communications tools and other functions. The professionals of PHHR are ready to assist your organization with this type of training as well as to maintain compliance with the latest state and federal mandates.
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Paul Hilton, Human Resources Consulting, LLC