South Dakota Sick Leave laws & HR compliance analysis

South Dakota Sick Leave: What you need to know

No state law requires private sector employers in South Dakota to provide employees with paid or unpaid sick leave, although many employers do grant it as a significant employee benefit.
It is important to remember, however, that if sick leave is promised, an employer may create a legal obligation to grant it. Employers should regularly review statements made in handbooks or elsewhere to ensure that they accurately reflect current policies. If changes are necessary, the policy should be revised and employees notified of the changes.
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On March 20, 2020, Governor Kristi Noem signed Senate Bill (SB) 186 (SJ 557) into law, which became effective on March 30, 2020. SB 186 revises certain leave policies for state employees. Such revisions include but are not limited to the following:
Vacation leave. Concerning the accrual and accumulation of vacation leave, permanent state employees shall earn up to 120 hours of vacation leave per full year of employment. A permanent state employee with more than 15 years of employment shall earn up to 160 hours of vacation leave per full year of employment. Vacation leave will accrue on an hourly, a biweekly, a semimonthly, or a monthly basis as determined by the South Dakota Human Resources commissioner. Vacation leave is cumulative only to the extent of that which may be earned in a period of time not exceeding 2 years of regular and continuous state employment. See Section 1 (3-6C-4).
Paid sick leave. The portion of the accrual and accumulation of paid sick leave was amended to state that each permanent state employee shall earn up to 112 hours of sick leave per full year of ...

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