Payroll and Benefits Guide United States – South Dakota

Annual Leave (vacation)

South Dakota does not have any state statute governing the amount and payment of vacation time; however, it is common for employers to decide whether to offer paid or unpaid vacation leave.

This must comply with employment law and must be stipulated in the collective bargaining agreements.

Public Holidays

Public holidays are not mandatory to give as paid days off, however, it is very common to allow workers to take federal holidays as paid days off.

Some companies might also agree to allow workers to take off state holidays. Workers can find the specific state holiday dates from their local government.

Usually when an agreed public holiday falls on a weekend, a day off in lieu is given on the Friday before or the Monday after the holiday.

Sick Days

It is common for an employer to follow the Family and Medical Leave Act (FMLA) which provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons (maternity leave, serious illnesses or if the employee needs to care for a spouse or child).

Employees are eligible for FMLA if they have worked for their employer for at least one year, completed a minimum of 1,250 hours over the past year, and worked at a location where the company employs 50 or more employees within 75 miles.

FMLA eligible employees are entitled to:

• 12 working weeks of leave in any one year for a child’s birth and to care for the newborn child within one year of birth.
• Leave for the adoption or foster care of a child and care for the newly placed child within one year of placement.
• Care for the employee’s spouse, child, or parent who has a severe health condition.
• Leave in the event of a serious health condition that makes the employee unable to perform the essential functions of their job.
• Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”

OR

• Twenty-six working weeks of leave during a single one-year period to care for a covered servicemember with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Maternity Leave

In addition to the Family and Medical Leave Act (FMLA) (see Sick Leave above) and the Pregnancy Discrimination Act, South Dakota has its own law against discrimination.

This law requires employers with six or more employees to provide employees with leave due to disabilities related to pregnancy or childbirth for the duration of such disability (pregnancy and childbirth are treated as any other type of temporary disability for all employment-related purposes, including benefits such as receipt of fringe benefits).

An employer must reinstate employees to their previous or comparable position upon their return.

Paternity Leave

See Sick Leave above.

Parental Leave

See Sick Leave above.

Other Leave

Jury Duty – South Dakota law states that an employer may not terminate or threaten to terminate an employee for serving as a juror or prospective juror.

An employee cannot be required to use any other type of leave to cover any leave needed for jury duty.

Employees must provide a copy of the jury summons to the employer as evidence of requirement.

Voting Leave – South Dakota law states that all employees registered to vote must be allowed to take up to two hours of paid leave to vote in any municipal, county, state, or federal primary or general election.

Employees must provide reasonable notice to their employers to take time off to vote.

In addition to the federal law USERRA, South Dakota law provides protection against discrimination for members of U.S. armed forces, reserves, National Guard, commissioned corps of the Public Health Service, and any other category of persons designated by the president in a time of war or emergency.

Reemployment in a former or a similar position regarding seniority, status, pay, and other employment benefits may be offered by an employer.