🇺🇸 South Dakota Paid Leave — 2026 UPDATE

South Dakota Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

⚠️Informational only — not legal or tax advice.

Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of South Dakota, United States      
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

How long is maternity leave in South Dakota How long is paternity leave in South Dakota

Table of Contents

Click any item below to jump to the relevant section

Introduction

South Dakota does not require private employers to provide paid sick leave, and no state-funded paid family and medical leave program exists for private-sector workers. Under South Dakota law, paid leave is a matter of employer policy, not statutory mandate. (South Dakota Department of Labor and Regulation, “What You Need to Know About Labor and Employment Laws,” Rev. 01/2025) At the federal level, the Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons. This page compiles current requirements from the South Dakota Department of Labor and Regulation (DLR) and the U.S. Department of Labor for general reference purposes.

Quick Reference — South Dakota Paid Leave Snapshot

South Dakota Paid Leave Snapshot
Category Status
Mandatory Paid Sick Leave No — no state mandate for private employers
Governing Statute None (private sector); SDCL 3-6C (state employees only)
Administering Agency SD Dept. of Labor and Regulation — dlr.sd.gov
Covered Employers N/A — no private-sector sick leave law
Eligible Employees N/A — no private-sector sick leave mandate
Accrual Rate N/A — no state mandate
Annual Cap N/A — no state mandate
Paid Family & Medical Leave Program No — no state PFML for private-sector workers
PFML Program Name N/A — Federal FMLA Only (private sector)
PFML Weekly Benefit (Maximum) N/A
PFML Duration N/A
FMLA Applies Yes (federal baseline — all covered employers)
Information Current As Of March 2026

Sources: SD DLR Employment Laws · U.S. DOL FMLA

South Dakota does not mandate paid sick leave for private employers. No statewide statute requires private-sector employers to provide paid or unpaid sick leave beyond FMLA protections. According to the South Dakota Department of Labor and Regulation’s official “What You Need to Know About Labor and Employment Laws” publication (Rev. 01/2025): “South Dakota has no law requiring paid leave. This is a matter of employer policy.” (dlr.sd.gov) No local municipal paid sick leave ordinances have been enacted in South Dakota cities. Employers that voluntarily provide sick leave benefits must comply with their own established policies and employment contracts, as well as applicable federal laws including the FMLA and the Americans with Disabilities Act. For broader South Dakota employment law context, see the South Dakota employment law overview.

South Dakota does not operate a state-funded paid family and medical leave program for private-sector employees. Private-sector workers in South Dakota who need family or medical leave rely on the federal FMLA (Section 4 below) and any employer-provided benefits such as short-term disability insurance, paid time off, or voluntary employer-sponsored paid leave programs. (SD DLR, “What You Need to Know,” Rev. 01/2025) The state does administer a paid family leave benefit for eligible state government employees under SDCL 3-6C and South Dakota Administrative Rule 55:09:04:04.01, which provides up to 40 hours per week for up to 12 weeks following the birth of a child or placement of a child for adoption — however, this benefit does not extend to private-sector or local government employees. (S.D. Admin. R. 55:09:04:04.01; SD Bureau of Human Resources, Paid Family Leave)

Maternity, Paternity & Parental Leave in South Dakota

How Long Is Maternity Leave in South Dakota?

Maternity leave in South Dakota for private-sector employees is governed entirely by federal law. Under the FMLA, eligible employees may take up to 12 workweeks of unpaid, job-protected leave for the birth of a child and to care for a newborn within the first year of birth. (U.S. DOL FMLA) There is no state-mandated maternity leave program that supplements or extends FMLA protections. South Dakota has not enacted a state pregnancy disability leave statute for private employers, though the federal Pregnancy Discrimination Act (PDA) prohibits employment discrimination based on pregnancy, childbirth, or related medical conditions. The total duration of leave available to a new parent in South Dakota — absent employer-provided benefits — is 12 weeks under FMLA, provided the employee and employer meet federal eligibility thresholds.

Is Maternity Leave Paid in South Dakota?

Maternity leave is unpaid under federal FMLA. South Dakota has no state-funded paid maternity leave program for private-sector workers. Employees may choose, or employers may require, that accrued paid leave (sick days, vacation, or PTO) run concurrently with FMLA leave, effectively converting a portion of FMLA leave to paid status based on the employer’s existing leave policies. (U.S. DOL FMLA Fact Sheet) Employer-sponsored short-term disability (STD) insurance may provide partial wage replacement during the pregnancy recovery period — typically six to eight weeks — but participation depends entirely on whether the employer offers such coverage. No state law requires private employers to carry STD coverage. Workers seeking paid maternity leave options in South Dakota should review employer benefit plans and any applicable collective bargaining agreements.

Paternity Leave and Parental Leave in South Dakota

Federal FMLA bonding leave applies equally to both parents. An eligible employee who is a father, non-birthing parent, or adoptive parent may take up to 12 weeks of unpaid FMLA leave to bond with a newly born, adopted, or foster-placed child within the first year of the child’s arrival. (U.S. DOL FMLA) South Dakota has not enacted any additional state paternity or parental leave law for private-sector employees. For state government employees specifically, South Dakota Administrative Rule 55:09:04:04.01 provides up to 12 weeks of paid family leave for bonding following birth or adoption placement, applicable to employees who have worked for the state for at least six months. (S.D. Admin. R. 55:09:04:04.01) Private-sector paternity leave beyond FMLA depends entirely on employer policy.

Federal FMLA in South Dakota

The Family and Medical Leave Act (FMLA) is the primary — and for most private-sector workers, the only — source of protected family and medical leave in South Dakota. Because South Dakota has enacted no parallel state family leave statute for the private sector, federal FMLA provides the entire legal framework for job-protected leave from family and medical events. Understanding South Dakota FMLA requirements in detail is therefore essential for both employees and employers operating in the state. For a comprehensive federal-level reference, see the federal FMLA guide.

FMLA Coverage and Eligibility in South Dakota

The FMLA applies to private employers with 50 or more employees working within a 75-mile radius, all public agencies including state and local government employers regardless of size, and public and private elementary and secondary schools regardless of size. (U.S. DOL FMLA Overview)

To qualify as an eligible employee under federal FMLA, a worker must have been employed by a covered employer for at least 12 months (not necessarily consecutive), have worked at least 1,250 hours during the preceding 12-month period, and work at a location where the employer has 50 or more employees within a 75-mile radius. Once eligible, an employee may take up to 12 workweeks of FMLA leave in any 12-month period, or up to 26 workweeks for qualifying military caregiver leave. FMLA leave is unpaid and job-protected: the employer must restore the employee to the same or an equivalent position upon return, and health insurance must be maintained under the same terms throughout. (U.S. DOL FMLA)

Qualifying Reasons for FMLA Leave in South Dakota

Federal FMLA covers the following qualifying reasons, all of which apply in South Dakota: bonding with a newly born, adopted, or foster-placed child within the first 12 months; the employee’s own serious health condition rendering them unable to perform essential job functions; care for a spouse, child, or parent with a serious health condition; qualifying military exigency arising from a covered family member’s active duty status; and military caregiver leave for a covered servicemember or veteran with a serious injury or illness (up to 26 weeks in a single 12-month period). (U.S. DOL FMLA)

Is FMLA Paid or Unpaid in South Dakota?

FMLA leave is unpaid. South Dakota has no state-funded paid family and medical leave program that runs concurrently for private-sector workers. Employees may elect — or employers may require — that any accrued paid leave (including sick leave, vacation, or PTO) be substituted for unpaid FMLA leave, running the two concurrently. (U.S. DOL FMLA Fact Sheet) Substituting paid leave does not extend the 12-week FMLA entitlement; it converts a portion of the FMLA period from unpaid to paid based on available accrued leave balances. State employees may separately benefit from South Dakota’s paid family leave program under SDCL 3-6C, but this is not available to private-sector employees.

Does FMLA Apply to Small Businesses in South Dakota?

FMLA does not apply to private employers with fewer than 50 employees within a 75-mile radius. A significant portion of South Dakota’s employer base — the state has a predominantly small-business economy — is therefore not covered by the federal FMLA. (U.S. DOL FMLA) South Dakota has enacted no state family leave law with a lower employer-size threshold that would extend FMLA-equivalent protections to employees of smaller employers. Workers employed by businesses with fewer than 50 employees have no statutory entitlement to job-protected family or medical leave under state or federal law; their leave rights depend entirely on employer policy and any applicable employment contracts.

How to Request FMLA Leave in South Dakota

Employees seeking FMLA leave must provide their employer with sufficient information for the employer to determine whether the leave may qualify. For foreseeable leave — such as a scheduled surgery or an expected birth — notice should be given at least 30 days in advance. For unforeseeable leave, notice must be given as soon as practicable under the circumstances. (U.S. DOL FMLA Employee Rights and Responsibilities) Employers may require certification from a health care provider supporting the need for leave. Standard FMLA certification forms are available through the U.S. Department of Labor at dol.gov/agencies/whd/fmla/forms. Employees are not required to disclose a specific medical diagnosis but must provide enough information for the employer to assess whether FMLA applies.

FMLA leave may be taken all at once (continuous leave), in separate blocks of time (intermittent leave), or on a reduced schedule, when medically necessary or otherwise permitted under the Act. (U.S. DOL FMLA Employee Guide)

Employee Protections Under FMLA

Employers covered by the FMLA may not interfere with, restrain, or deny an employee’s exercise of any FMLA right. Retaliation — including discharge, demotion, or other adverse action — against an employee for taking or requesting FMLA leave is prohibited. (U.S. DOL FMLA) Employees who believe their FMLA rights have been violated may file a complaint with the U.S. Department of Labor Wage and Hour Division or pursue a private lawsuit in federal court.

Other Protected Leave Categories in South Dakota

Bereavement Leave

South Dakota has no law requiring private employers to provide bereavement leave. Whether such leave is offered — and on what terms — is a matter of employer policy. (SD DLR, “What You Need to Know,” Rev. 01/2025) State employees may use up to five days of accrued sick leave as bereavement leave for the loss of an immediate family member under S.D. Admin. R. 55:09:04:02. (S.D. Admin. R. 55:09:04:02)

Jury Duty Leave

Under SDCL 16-13-41.1, South Dakota employers are prohibited from firing, threatening, or demoting an employee because that employee served as a juror or was summoned for jury duty. Job-protected jury duty leave is required; however, pay during jury service is not mandated by state law and is left to employer discretion. (SD DLR Employment Laws)

Voting Leave

South Dakota does not have a statewide law requiring employers to provide paid or unpaid time off for voting. (SD DLR Employment Laws)

Military Leave

Federal law under the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the reemployment rights of employees who leave for military service. South Dakota does not impose additional state-level private-sector military leave requirements beyond USERRA. State employees in military reserve or National Guard service have separate protections under state administrative rules. (SD DLR Employment Laws; U.S. DOL USERRA)

2026 Legislative Updates — South Dakota Paid Leave

What Changed in South Dakota Paid Leave Laws in 2025–2026?

As of March 2026, South Dakota has not enacted paid sick leave or paid family leave legislation applicable to private-sector employers. No significant amendments to private-sector leave law occurred in 2025 or the 2026 legislative session. The South Dakota Department of Labor and Regulation’s January 2025 publication continues to confirm: “South Dakota has no law requiring paid leave. This is a matter of employer policy.” (dlr.sd.gov)

South Dakota’s minimum wage increased to $11.85 per hour effective January 1, 2026, adjusted annually under SDCL 60-11-3 based on the Consumer Price Index — this is relevant context for employers calculating pay continuation during voluntary leave programs. (SD DLR, Minimum Wage) For South Dakota minimum wage details, see South Dakota minimum wage laws.

State Employee Paid Family Leave — Administrative Rule Context

South Dakota state government employees are subject to a paid family leave benefit administered through the SD Bureau of Human Resources under S.D. Admin. R. 55:09:04:04.01. This rule provides eligible permanent state employees up to 40 hours per week of paid family leave for up to 12 weeks for bonding following the birth of a child or placement for adoption. (S.D. Admin. R. 55:09:04:04.01; SD Bureau of Human Resources, Paid Family Leave) This benefit has no private-sector analog under current South Dakota law.

Pending Legislation

As of March 2026, no active legislation proposing a statewide private-sector paid sick leave or paid family leave mandate has been reported in the South Dakota Legislature. Legislative bill tracking is available through the South Dakota Legislature at sdlegislature.gov.

How to File a Leave-Related Complaint in South Dakota

Filing an FMLA Complaint

FMLA complaints are handled exclusively at the federal level. Employees who believe an employer has violated their FMLA rights in South Dakota should contact the U.S. Department of Labor Wage and Hour Division (WHD). Complaints may be filed online or by contacting the WHD directly:

The WHD district office serving South Dakota can be located through the DOL office locator. FMLA complaints must generally be filed within two years of the alleged violation (three years for willful violations). (U.S. DOL FMLA)

General Labor Law Complaints — State Agency

For general employment law questions or complaints under South Dakota state law (including wage and hour issues), contact the South Dakota Department of Labor and Regulation, Division of Labor and Management:

The DLR does not administer a paid sick leave or paid family leave complaint process, as no such private-sector statutes exist in South Dakota. For South Dakota unemployment insurance (reemployment assistance), see dlr.sd.gov and the South Dakota unemployment benefits guide.

Interstate Considerations for Remote Workers in South Dakota

Paid leave laws generally apply based on where the employee performs work, not where the employer maintains its headquarters. An employee who works remotely from South Dakota for an employer headquartered in a state with robust paid leave laws — such as Oregon, Colorado, or Minnesota — may not automatically receive those out-of-state benefits if they physically perform work in South Dakota, unless the employer’s policy extends coverage regardless of work location. The applicable legal framework for the work location state governs in most circumstances. (U.S. DOL State Paid Leave Laws)

For employers with employees in multiple states — including South Dakota — federal FMLA obligations remain constant for covered employers (50+ employees), while paid leave obligations vary entirely by state. South Dakota imposes no additional paid leave contribution, payroll tax, or benefit obligation on multi-state employers beyond federal FMLA compliance. For detailed guidance on South Dakota remote work compliance, see South Dakota remote work laws. For overtime rules affecting remote workers, see South Dakota overtime laws.

Frequently Asked Questions — South Dakota Paid Leave

How does FMLA work in South Dakota?

Federal FMLA applies to South Dakota employers with 50 or more employees within a 75-mile radius. Eligible employees — those with at least 12 months of employment and 1,250 hours worked in the preceding year — may take up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons. South Dakota has enacted no additional state family leave law for private-sector workers. (U.S. DOL FMLA)

How long is maternity leave in South Dakota?

Maternity leave in South Dakota is governed by federal FMLA, which provides up to 12 weeks of unpaid, job-protected leave for the birth of a child and newborn care. There is no state-paid maternity leave program for private-sector employees. Actual leave duration may vary based on employer policy, accrued paid leave balances, and any applicable short-term disability coverage. (U.S. DOL FMLA)

Is maternity leave paid or unpaid in South Dakota?

Maternity leave under federal FMLA is unpaid. South Dakota has no state-funded paid maternity leave program for private-sector workers. Employees may use accrued vacation, sick, or PTO concurrently with FMLA if the employer’s policy permits or requires it. Employer-sponsored short-term disability insurance may provide partial wage replacement during the physical recovery period, depending on plan terms. (U.S. DOL FMLA)

Who is eligible for FMLA in South Dakota?

FMLA eligibility in South Dakota requires: (1) working for a covered employer with 50 or more employees within 75 miles; (2) at least 12 months of employment with that employer; and (3) at least 1,250 hours worked during the preceding 12-month period. Public agency employees and employees of public schools are covered regardless of employer size. (U.S. DOL FMLA)

Is FMLA leave paid in South Dakota?

FMLA leave is unpaid. South Dakota has no state-run paid family leave program for private-sector employees that would run concurrently with FMLA. Employees may substitute accrued paid leave during FMLA periods where employer policy allows. (U.S. DOL FMLA)

Does South Dakota have paid sick leave?

South Dakota does not have a state law requiring private employers to provide paid sick leave. The South Dakota Department of Labor and Regulation confirms that paid leave is “a matter of employer policy” in South Dakota. No statewide sick leave mandate applies to private-sector employers, and no South Dakota city has enacted a local paid sick leave ordinance. (SD DLR, Rev. 01/2025)

Does South Dakota have paid family leave?

South Dakota does not have a state-funded paid family and medical leave program for private-sector employees. State government employees have access to a paid family leave benefit through administrative rule, but this does not extend to private-sector workers. Private-sector employees rely on federal FMLA for unpaid, job-protected leave. (SD DLR; bhr.sd.gov)

How many sick days are required in South Dakota?

South Dakota requires zero paid sick days for private-sector employees. There is no statutory minimum for sick leave accrual, usage, or provision. Employers that voluntarily offer sick leave must follow their own established policies. (SD DLR, Rev. 01/2025)

Does FMLA apply to small businesses in South Dakota?

FMLA does not apply to private employers with fewer than 50 employees within a 75-mile radius. South Dakota has not enacted a state family leave law with a lower employer-size threshold. Employees of small businesses in South Dakota have no statutory entitlement to job-protected family or medical leave; leave rights depend on employer policy. (U.S. DOL FMLA)

How long is paternity leave in South Dakota?

Paternity leave for private-sector employees in South Dakota is governed by federal FMLA, which provides up to 12 weeks of unpaid, job-protected bonding leave for eligible employees following the birth, adoption, or foster placement of a child. South Dakota has enacted no state paternity leave law for private-sector workers. State employees may access paid bonding leave under S.D. Admin. R. 55:09:04:04.01. (U.S. DOL FMLA; S.D. Admin. R. 55:09:04:04.01)

Can an employer deny FMLA leave in South Dakota?

A covered employer may not deny FMLA leave to an eligible employee who meets all statutory requirements and has a qualifying reason. Denial, interference, or retaliation in connection with FMLA leave is prohibited under federal law. Employees who believe their FMLA rights have been unlawfully denied may file a complaint with the U.S. DOL Wage and Hour Division. (U.S. DOL FMLA; WHD Complaint Process)

Is paid sick leave available to part-time employees in South Dakota?

South Dakota has no paid sick leave law, so the question of part-time eligibility does not arise under state statute. Part-time employees may qualify for FMLA leave if they have worked at least 1,250 hours in the preceding 12 months — a threshold that may be more difficult for part-time workers to meet. Any sick leave provided by the employer is governed by the employer’s own policy. (U.S. DOL FMLA)

What options exist for paid maternity leave in South Dakota?

Private-sector employees in South Dakota seeking paid maternity leave may draw on: (1) accrued employer-provided PTO, sick leave, or vacation, if applicable; (2) employer-sponsored short-term disability insurance, if available; and (3) voluntary disability or leave insurance purchased privately. No state program provides paid maternity benefits to private-sector employees. (SD DLR; U.S. DOL FMLA)

Can an employer require employees to use PTO during FMLA in South Dakota?

Yes. Employers covered by FMLA may require employees to substitute accrued paid leave (vacation, sick leave, PTO) for unpaid FMLA leave, so that the paid and FMLA leave periods run concurrently. Using paid leave in this manner does not extend the total 12-week FMLA entitlement. (U.S. DOL FMLA)

Does South Dakota have any local paid sick leave ordinances?

No South Dakota municipality has enacted a local paid sick leave ordinance as of March 2026. The absence of state preemption legislation means cities could theoretically enact local ordinances, but none have done so. Current legislative tracking is available at sdlegislature.gov.

How does FMLA interact with employer-provided leave in South Dakota?

FMLA leave runs concurrently with employer-provided leave when the leave qualifies under both the FMLA and the employer’s own leave policy. Employers may require concurrent use. Because South Dakota has no state PFML program, there is no state-level paid leave layer to coordinate with FMLA. The entire interaction is between federal FMLA and employer policy. (U.S. DOL FMLA)

Where can South Dakota employees get FMLA forms?

Standard FMLA certification and designation forms — including WH-380-E (employee’s serious health condition), WH-380-F (family member’s serious health condition), and WH-382 (designation notice) — are available at no cost from the U.S. Department of Labor at dol.gov/agencies/whd/fmla/forms. Employers are responsible for providing designation notices within five business days of receiving sufficient information that leave may qualify under FMLA.

Sources & Verification Log

Sources & Verification Log — South Dakota Paid Leave Laws
Section Source URL Date Verified
Paid Sick Leave — No State Mandate SD Dept. of Labor and Regulation, "What You Need to Know About Labor and Employment Laws," Rev. 01/2025 dlr.sd.gov/employment_laws/publications/what_need_know_laws.pdf March 2026
PFML — No Private-Sector Program SD DLR, same publication dlr.sd.gov/employment_laws/publications/what_need_know_laws.pdf March 2026
State Employee Sick Leave (SDCL 3-6C) S.D. Admin. R. 55:09:04:02 (LII) law.cornell.edu/regulations/south-dakota/ARSD-55-09-04-02 March 2026
State Employee Paid Family Leave S.D. Admin. R. 55:09:04:04.01 (LII) law.cornell.edu/regulations/south-dakota/ARSD-55-09-04-04.01 March 2026
State Employee PFL — BHR SD Bureau of Human Resources, Paid Family Leave page bhr.sd.gov/policies-forms/pfl/index.html March 2026
FMLA — Federal U.S. Department of Labor, Wage and Hour Division dol.gov/agencies/whd/fmla March 2026
FMLA Employee Rights U.S. DOL WHD FMLA Employee Guide (PDF) dol.gov/sites/dolgov/files/WHD/legacy/files/fmlaen.pdf March 2026
FMLA Forms U.S. DOL WHD FMLA Forms dol.gov/agencies/whd/fmla/forms March 2026
FMLA Complaints U.S. DOL WHD Complaint Page dol.gov/agencies/whd/contact/complaints March 2026
Minimum Wage (context) SD DLR Minimum Wage dlr.sd.gov/employment_laws/minimum_wage.aspx March 2026
Jury Duty — SDCL 16-13-41.1 SD DLR Employment Laws dlr.sd.gov/employment_laws/default.aspx March 2026
State Paid Leave Laws Overview U.S. DOL Women's Bureau dol.gov/agencies/wb/paid-leave/State-Paid-Family-Medical-Leave-Laws March 2026
South Dakota Legislature (bill tracking) SD Legislature sdlegislature.gov March 2026

Others

California
Nebraska
Alaska
Mississippi
Iowa
Arkansas
New Mexico
Oklahoma
South Carolina
Hawaii
North Dakota
Rhode Island
Idaho
Utah
Montana
Missouri

This page compiles information from official government sources for general reference purposes. It does not constitute legal advice. Employment law is subject to legislative changes and judicial interpretation. For specific compliance questions, consultation with a licensed attorney in South Dakota is recommended. Last updated: March 2026.