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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Employees of the state are entitled to 14 days’ leave for sickness without loss of pay, exclusive of Saturdays, Sundays, and holidays, for each year the employee is in the employment of the state.
Any leave of absence for sickness shall be supported by a medical certificate upon the request of the commissioner of Human Resources.
No employee is entitled to more than the employee’s accrued and earned leave of absence for sickness without first using up any and all of the employee’s accumulated and earned leave of absence for vacation.
An employee may use up to 5 days of the employee’s sick leave annually for personal emergency reasons. Leave for personal emergencies may not be accrued from year to year (SD Cod. Laws Sec. 3-6C-7).
Temporary and emergency employees and patient, inmate, and student employees are not entitled to paid sick leave under the state rules.
Note: BLR® provides comprehensive employment law coverage at the federal and state levels. However, businesses may be subject to additional requirements at the local (city, county, and municipal) level.
For select cities, BLR will provide a brief overview of these ...

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