South Dakota Jury Duty/ Court Appearance laws & HR compliance analysis

South Dakota Jury Duty/ Court Appearance: What you need to know

Jury duty. An employer may not discharge or suspend any employee who has been summoned for jury duty in any court in the state of South Dakota.
Violation of this provision is a misdemeanor punishable by 30 days' imprisonment in a county jail, fine, or both (SD Cod. Laws Sec. 16-13-41.1 and Sec. 22-6-2).
An employee is entitled to the same job status, pay, and seniority upon return from jury duty (SD Cod. Laws Sec. 16-13-41.2).
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Court appearance. The South Dakota Supreme Court has made clear that terminations in violation of public policy will subject employers to wrongful termination action.
Because employees can be compelled to attend court proceedings and are subject to criminal penalties if they do not obey, an employer that terminates an employee because he or she was subpoenaed to appear as a witness in a court case could face a lawsuit.
Private employers. State law does not require private employers to pay employees for absences caused by jury duty or court appearances.
Public employers. While on jury duty leave, state employees are entitled to their regular salary and any per diem and mileage fees from the court.
State employees are also entitled to their regular salary when subpoenaed to testify in court and may retain any fee paid to them for jury service or witness fees. Such employees may not lose leave time or credits.
If employees are called to testify in an official capacity, they may not receive witness fees. State employees who are a party or witness for private litigation but were not subpoenaed must use vacation leave or leave without pay (SD Admit. Rules Sec. 55:01:22:05).
Best practices. Regardless of state law requirements, most employers do pay all employees called to jury duty ...

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