Verification: approved by a person (carried over from Juriset's first release).
Programs
Name
Family and Medical Leave Act
Paid
no
Condition
Unpaid, job-protected leave with continuation of group health benefits. Up to 12 workweeks in a 12-month period for qualifying family and medical reasons; up to 26 workweeks in a single 12-month period of military caregiver leave. Covered employers: private-sector employers with 50 or more employees in 20 or more workweeks in the current or previous calendar year; public agencies and local educational agencies regardless of the number of employees. Eligible employees: at least 12 months with the employer, at least 1,250 hours of service in the 12 months before leave, and work at a location where the employer has at least 50 employees within 75 miles. The employer chooses the 12-month period method (29 CFR 825.200(b)).
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for qualifying family and medical reasons and requires continuation of their group health benefits under the same terms and conditions as if the employee had not taken leave. … For eligible employees, up to 12 workweeks of leave in a 12-month period for any of the following qualifying reasons: … An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember with a serious injury or illness may take up to 26 workweeks of leave during a single 12-month period to care for the servicemember. … Private-sector employers who employ 50 or more employees in 20 or more workweeks in either the current calendar year or the previous calendar year,
Public agencies (including federal, state, and local government employers), regardless of the number of employees, and … Work for a covered employer for at least 12 months,
Have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts, and
Work at a location where the employer has at least 50 employees within 75 miles.
An employer is permitted to choose any one of the following methods for determining the 12-month period in which the 12 weeks of leave entitlement described in paragraph (a) of this section occurs:
(1) The calendar year;
(2) Any fixed 12-month leave year, such as a fiscal year, a year required by State law, or a year starting on an employee's anniversary date;
(3) The 12-month period measured forward from the date any employee's first FMLA leave under paragraph (a) begins; or,
(4) A “rolling” 12-month period measured backward from the date an employee uses any FMLA leave as described in paragraph (a).
Q: What is the state law regarding paid leave, i.e. vacation and sick time?
A: South Dakota has no law requiring paid leave. This is a matter of employer policy.