South Dakota National Guard members ordered to active duty service by the governor or the president are fully protected by federal law and USERRA (SD Cod. Laws Sec. 33A–2–9).
Military training leave. Military leave for training may not be accumulated, granted to an employee who is on vacation and terminating employment, or granted to a temporary employee.
A new employee on 6 months’ probationary status is not considered a temporary employee. The appointing authority must maintain a record of military leave taken with the regular vacation and sick leave account of each state employee.
An employee requesting military leave for training must obtain a written order or letter from the commander of the employee's reserve or national guard unit showing the dates of the training period. The notice must be submitted to the appointing authority 15 days before the date of the employee's departure for training (SD Admin. Code Sec. 55:09:04:08).