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.
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.
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:
Public-sector employees, such as state and municipal workers, generally receive structured sick leave benefits under government employment policies.
North Dakota employees may qualify for unpaid, job-protected leave under the Family and Medical Leave Act (FMLA).
FMLA covers leave for:
For more information, visit the U.S. Department of Labor.
Although not legally required, many North Dakota employers voluntarily offer sick leave or Paid Time Off (PTO). Common policies include:
Employees should check their employer’s handbook for details on sick leave accrual, usage, and carryover rules.
The specific uses of sick leave depend on the employer’s policies, but common uses include:
Covered family members may include:
Public-sector employees in North Dakota, including state and municipal workers, generally receive structured sick leave benefits, such as:
Public-sector employees should refer to the North Dakota Human Resource Management Services (HRMS) or their agency’s HR policies for details.
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:
Some employers may continue offering flexible sick leave policies for COVID-19-related absences.
Even though North Dakota does not mandate sick leave, employers can benefit from offering it. Providing sick leave can:
Employers should document sick leave policies in their employee handbooks and ensure compliance with federal FMLA requirements.
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.
False. North Dakota does not have a statewide sick leave mandate for private-sector employees.
False. Employers are not required to pay out unused sick leave unless their company policy states otherwise.
False. If an employer offers sick leave, they must follow their own policy and cannot discriminate against employees who use it.
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.
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.
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