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South Dakota Leave of Absence (FMLA): What you need to know

Some states have comprehensive laws that require employers to grant employees time off for the birth or adoption of a child, or to care for a family member with a serious illness, but South Dakota does not have such a law. However, South Dakota employers with 50 or more employees are covered by the federal Family and Medical Leave Act (FMLA). South Dakota employers with fewer than 50 employees are free to provide leave time or not, at their own discretion.
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Additional information on the federal FMLA is available
State agencies must grant eligible employees up to 12 weeks of leave for the birth, adoption, or placement in foster care of a child; to care for the employee's child, spouse, or parent with a serious health condition; or for the employee's own serious health condition.
To be eligible, an employee must have worked for the state for 12 months or more and 1,250 hours or more.
Sick leave, personal leave, vacation, leave without pay, or any combination of these leaves may be taken as family and medical leave. If the employee chooses to use sick leave for family and medical leave, the employee may be required to provide medical certification. An employee may be required to support a request for sick leave with a statement from a medical doctor certifying the nature of the serious health condition (SD Admin. Code Sec. 55:01:22:08:02).
A state employee may use up to 40 hours of accumulated sick leave annually for a death in the immediate family, the temporary care of members of the immediate family, and a call to state active duty in the military reserve or National Guard (SD Admin. Code Sec. 55:09:04:05).
Any employee of ...

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We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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