FMLA - South Dakota

Employee eligibility

To be eligible for leave benefits, an employee must have worked for the state at least 12 months and 1,250 hours or more.

Leave entitlement

An eligible employee may take up to 12 weeks of sick leave, personal leave, vacation leave, leave without pay, or any combination of these leaves as their family and medical leave.

Type of leave

Like the FMLA, an employee may request family and medical leave for:

• The birth of a child of the employee and care for the newborn;
• The placement of a child with the employee for adoption or foster care;
• The need to care for the spouse, child, or parent of the employee if the spouse, child, or parent has a serious health condition; or
• A serious health condition.

Maintenance of health benefits

There is no state provision which requires an employer to maintain coverage under any group health plan while the employee is on leave. However, the FMLA requires that covered employers continue to provide group health insurance.

Job restoration

Unlike the FMLA, South Dakota does not provide job restoration rights to eligible employees.

Notice

Unlike the FMLA, South Dakota does not mandate any notice requirements.

Paid family leave (state employees)

State employees who have worked for at least six months may take up to 24 hours per week for up to eight weeks (192 hours) paid leave following the birth or placement of a child for adoption.

The leave runs concurrent with FMLA leave, if applicable.

Accrued sick leave (state employees)

State employees accrue 4.6667 hours of sick leave each semimonthly period without limit. Employees may take sick leave for the following reasons:

• Personal illness;
• Pregnancy;
• The birth or the placement for adoption or foster care of a child,
• In order to bond with a child within one year of child's birth or placement;
• Due to an immediate family member’s personal illness and health care needs (with approval);
• Exposure to contagious diseases that would endanger the health of fellow employees; Required eye and dental care;
• Required medical examination; or
• Inpatient or outpatient treatment in approved centers for alcohol, drug abuse, psychiatric, or counseling care.

It may also be used for unexpected and unplanned school and/or daycare closures if no other leave is available.

Immediate family members include the employee's spouse, children, mother, father, mother-in-law, father-in-law, daughter-in-law, son-in-law, brothers, sisters, grandparents, grandchildren, stepbrothers, stepsisters, stepchildren, and stepparents, and foster children.