State Law > South Dakota > South Dakota Family and Medical Leave Law

South Dakota Family and Medical Leave Law


South Dakota does not have a general law regarding family and medical leave but does have provision of leave for state employees who become adoptive parents and donation of leave for state employees who need leave for family or medical purposes. Information regarding the laws can be found in Title 3, Chapters 3-6. Administrative rules also provide leave to state employees and are not covered here.

3-6-7. Sick leave -- Accrual and accumulation -- Proof of sickness -- Vacation leave used for sickness -- Personal emergency leave.

In addition to the leave of absence for vacation as provided in § 3-6-6, each employee of the state, except temporary and emergency employees as defined by Career Service Commission rules, and patient, inmate, and student employees, is entitled to fourteen days leave of absence for sickness without loss of pay, exclusive of Saturdays, Sundays, and holidays, for each year the employee is in the employment of the state. Leave of absence for sickness shall be accrued on an hourly, biweekly, semimonthly, or monthly basis as determined by the commissioner of personnel and shall accumulate without limit as to the number of days of such accumulation. All leave of absence for sickness shall be supported by a medical certificate upon the request of the commissioner of personnel. No employee is entitled to more than his or her accrued and earned leave of absence for sickness without first using up any and all of his or her accumulated and earned leave of absence for vacation.

An employee may use up to five days of his or her sick leave in each calendar year for personal emergency reasons. Leave for personal emergencies may not be accrued from year to year. The Career Service Commission, pursuant to chapter 1-26, shall adopt rules defining the term, personal emergency, to implement this provision.

Adoption of a child by any state employee is treated as natural childbirth for leave purposes.

3-6-8.5. Restrictions on donation of leave.
Any donation of leave pursuant to Sec. 3-6-8.4 or 3-6-8.6 may be restricted as follows:

(1) The donating employee may only donate leave to an employee who is at the same or lower paygrade as the donating employee;

(2) The donation may be denied based upon funding considerations within the agency, at the discretion of the commissioner.

Login to read more.


Username: *

Password: *
Accept terms *
Login failed.
copyright 2000 - 2021 Curtis Communications, Inc. All rights reserved. | Access to the HR Care publications is subject to certain terms and conditions.
Learn about our online compliance training at