Sick Leave for North Dakota Employees: What You Need to Know in 2025

Ever woken up in Fargo with a cold that makes the Northern Plains look hazier, or caught the flu while working in Bismarck that not even the best knoephla soup could cure? Whether you're working in the oil fields of Williston, farming in the Red River Valley, or teaching in Grand Forks, understanding North Dakota's approach to sick leave matters.

Key Objectives: 

1. Does North Dakota Require Paid Sick Leave?
2. Federal Protections for Sick Leave 
3. Employer Practices For Sick Leave
4. When Can Sick Leave Be Used? 
5.  Public-Sector Employees
6. COVID-19 and Sick Leave
7.  Key Considerations for Employers
8. FAQs About Sick Leave
9. Common Misconceptions About Sick Leave
10. Why Sick Leave Matters

Here's what makes North Dakota's approach straightforward: Like our vast horizons, North Dakota keeps regulations minimal. The state doesn't require private employers to provide paid sick leave - a policy as clear as a Dakota winter day.

North Dakota does not have a statewide law requiring private-sector employers to provide paid or unpaid sick leave. However, many employers voluntarily offer sick leave as part of their benefits packages.

Public-sector employees, including state workers, often have structured sick leave benefits, and federal protections such as the Family and Medical Leave Act (FMLA) provide additional support for eligible employees.

Here’s a complete guide to sick leave in North Dakota in 2025.

Does North Dakota Require Paid Sick Leave?

No. North Dakota does not mandate sick leave for private-sector workers. Employers are not legally required to provide paid or unpaid sick leave unless:

• They voluntarily include it as part of their company policy.
• The employee qualifies for federal protections under FMLA.

Public-sector employees, such as state and municipal workers, generally receive structured sick leave benefits under government employment policies.

Federal Protections for Sick Leave

North Dakota employees may qualify for unpaid, job-protected leave under the Family and Medical Leave Act (FMLA).

FMLA Overview

• Eligibility: Employees must work for an employer with 50 or more employees, have worked for at least 12 months, and have logged at least 1,250 hours in the previous year.
• Leave Benefits: Provides up to 12 weeks of unpaid, job-protected leave per year.

FMLA covers leave for:

• Personal serious health conditions.
• Caring for a spouse, child, or parent with a serious health condition.
• The birth, adoption, or foster placement of a child.
• Certain military caregiving needs.

For more information, visit the U.S. Department of Labor.

Employer Practices for Sick Leave in North Dakota

Although not legally required, many North Dakota employers voluntarily offer sick leave or Paid Time Off (PTO). Common policies include:

• Accrual-Based Systems: Employees accrue 1 hour of leave for every 30 to 40 hours worked, depending on the employer’s policy.
• PTO Banks: Some employers combine vacation, sick leave, and personal days into a single PTO policy.
• Carryover Policies: Some employers allow unused sick leave to roll over into the next year, but this is not required by law.

Employees should check their employer’s handbook for details on sick leave accrual, usage, and carryover rules.

When Can Sick Leave Be Used?

The specific uses of sick leave depend on the employer’s policies, but common uses include:

• Personal Illness or Injury: Recovering from illness, injury, or attending medical appointments.
• Family Care: Caring for a sick family member.
• Preventive Care: Routine checkups, screenings, or vaccinations.
• Domestic Violence Recovery: Some employers allow sick leave to address needs related to domestic violence, sexual assault, or stalking.

Covered family members may include:

• Spouses or domestic partners.
• Children (biological, adopted, foster, or stepchildren).
• Parents, grandparents, and siblings.

Public-Sector Employees in North Dakota

Public-sector employees in North Dakota, including state and municipal workers, generally receive structured sick leave benefits, such as:

• Accrual: Full-time state employees typically accrue 8 hours (1 day) of sick leave per month, totaling 12 days per year.
• Carryover: Unused sick leave can accumulate indefinitely.
• Retirement Benefit: Some state employees can convert unused sick leave into retirement benefits.

Public-sector employees should refer to the North Dakota Human Resource Management Services (HRMS) or their agency’s HR policies for details.

COVID-19 and Sick Leave in North Dakota

Federal COVID-19-specific leave mandates, such as those under the Families First Coronavirus Response Act (FFCRA), have expired. However, some North Dakota employers may allow employees to use accrued sick leave for COVID-19-related reasons, including:

• Testing, treatment, or recovery from COVID-19.
• Quarantine or isolation due to exposure.
• Caring for a family member affected by COVID-19.

Some employers may continue offering flexible sick leave policies for COVID-19-related absences.

Key Considerations for Employers in North Dakota

Even though North Dakota does not mandate sick leave, employers can benefit from offering it. Providing sick leave can:

• Attract and Retain Talent: Competitive benefits help employers recruit skilled workers.
• Promote Workplace Health: Sick leave helps reduce the spread of illness in the workplace.
• Boost Productivity and Morale: Employees who feel supported are more engaged and less likely to leave.

Employers should document sick leave policies in their employee handbooks and ensure compliance with federal FMLA requirements.

FAQs About Sick Leave in North Dakota

Q: Can an employer require a doctor’s note?

A: Yes. North Dakota employers can request documentation, such as a doctor’s note, for extended absences (typically after three consecutive days of sick leave).

Q: Are part-time or temporary employees eligible for sick leave?

A: It depends on the employer’s policy. North Dakota law does not require sick leave for part-time or temporary workers, but many employers voluntarily offer it.

Q: What happens to unused sick leave?

A: Employers are not required to allow sick leave to carry over unless their policy specifies otherwise. Public-sector employees can accumulate sick leave indefinitely.

Common Misconceptions About Sick Leave in North Dakota

1. “North Dakota requires all employers to provide paid sick leave.”

False. North Dakota does not have a statewide sick leave mandate for private-sector employees.

2. “Employers must pay out unused sick leave when an employee leaves.”

False. Employers are not required to pay out unused sick leave unless their company policy states otherwise.

3. “Employers can deny sick leave if it’s inconvenient.”

False. If an employer offers sick leave, they must follow their own policy and cannot discriminate against employees who use it.

Why Sick Leave Matters

Sick leave is an important benefit that allows employees to recover from illness and care for family members without financial stress. For employers, providing sick leave helps reduce turnover, improve morale, and foster a healthier workplace.

Final Thoughts

Understanding your sick leave rights in North Dakota can feel like navigating a blizzard - it helps to know the forecast. Whether you're an employee trying to understand your benefits or an employer looking to create supportive policies, staying informed is crucial.

If you're a business looking to navigate North Dakota's employment landscape while expanding your workforce, consider partnering with an Employer of Record (EOR) service. They can help manage your HR compliance, payroll, and benefits administration while you focus on growing your business. Learn more about EOR services and how they can simplify your employment needs at TCW Global's EOR solutions.

Remember, while North Dakota may not mandate paid sick leave, creating supportive time-off policies isn't just good for employees - it's good for business. Like our state motto "Liberty and Union, Now and Forever, One and Inseparable," taking care of your workforce creates lasting success.

Need specific guidance? Consider consulting with your HR department, reviewing your employee handbook, or speaking with an employment law professional who understands North Dakota's unique business environment.

While North Dakota does not mandate statewide sick leave, many employers offer voluntary sick leave policies. Public-sector employees receive structured sick leave benefits, and federal protections like FMLA provide additional support for eligible workers.

For more information, visit:

• U.S. Department of Labor
• North Dakota Human Resource Management Services (HRMS)
• Consult your employer’s handbook or HR department for specific policies on sick leave benefits.

Need Help?

Need help managing your contingent workforce? Contact TCWGlobal today to learn more.

Whether you need expertise in Employer of Record (EOR) services, Managed Service Provider (MSP) solutions, or Vendor Management Systems (VMS), our team is equipped to support your business needs. We specialize in addressing worker misclassification, offering comprehensive payroll solutions, and managing global payroll intricacies. 

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We help you navigate employment contracts, tax compliance, workforce flexibility, and risk mitigation, all tailored to your unique business requirements. Contact us today at tcwglobal.com or email us at hello@tcwglobal.com to discover how we can help your organization thrive in today's dynamic work environment. Let TCWGlobal assist with all your payrolling needs!