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

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

In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also 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.
However, South Dakota does not have such a law.
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Family leave—public employers. 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).
For in-depth guidance on leave and other employment matters related to maternity and pregnancy:
For in-depth guidance on state and local sick leave requirements:
Personal leave—state employees. 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 ...

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