South Dakota Leave of Absence (FMLA) laws & compensation compliance analysis

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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