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.
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.
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:
Public-sector employees, such as state and municipal workers, generally receive structured sick leave benefits under government employment policies.
South Dakota employees may qualify for unpaid, job-protected leave under the Family and Medical Leave Act (FMLA).
FMLA Overview
FMLA covers leave for:
For more information, visit the U.S. Department of Labor.
Although not legally required, many South 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 South Dakota, including state and municipal workers, generally receive structured sick leave benefits, such as:
Public-sector employees should refer to the South Dakota Bureau of Human Resources (BHR) 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 South 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 South 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. 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.
False. South 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 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.
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