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

Ever woken up in Sioux Falls with a fever that makes Falls Park look wavy, or caught a cold while working in Rapid City that not even the best buffalo burger could cure?

Whether you're working at Mount Rushmore, mining in Lead, or farming in Pierre, understanding South Dakota's approach to sick leave matters.

Key Objectives: 

1. Does South 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 South Dakota's approach clear: Like our prairie straightforwardness, South Dakota doesn't require private employers to provide paid sick leave. It follows federal FMLA guidelines while letting employers set their own policies.

South 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 South Dakota in 2025.

Does South Dakota Require Paid Sick Leave?

No. South 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 offer 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

South 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 South Dakota

Although not legally required, many South 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 South Dakota

Public-sector employees in South 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 South Dakota Bureau of Human Resources (BHR) or their agency’s HR policies for details.

COVID-19 and Sick Leave in South Dakota

Federal COVID-19-specific leave mandates, such as those under the Families First Coronavirus Response Act (FFCRA), have expired. However, some South 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 South Dakota

Even though South 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 South Dakota

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

A: Yes. South 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. South 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 South Dakota

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

False. South 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 South Dakota can feel like navigating the Black Hills - it helps to know the path. 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 South 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 South 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 "Under God the People Rule," taking care of your workforce empowers everyone to succeed.

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

While South 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
• South Dakota Bureau of Human Resources (BHR)
• Consult your employer’s handbook or HR department for specific policies on sick leave benefits.