North Dakota Paid Sick Leave Laws

Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in the state of North Dakota.

What is Paid Sick Leave?

Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.

There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.

The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.

Does North Dakota Have Paid Sick Leave Laws That Differ from Federal Paid Sick Leave Laws?

There is no law in place in North Dakota that requires private employers to provide paid or unpaid sick leave to employees

Are There Requirements to be Eligible for Paid Sick Leave in North Dakota?

Since there is no law mandating the provision of paid sick leave, any eligibility requirements would be based on employer discretion.

Is There a Minimum Amount of Paid Sick Time Required in North Dakota?

Since no law mandates that employers must provide paid sick leave, no minimum amount is in effect.

What Can PSL be Used for in North Dakota?

If an employer offers paid sick leave to employees, company policy would dictate how it may be used.

Is Paid Sick Leave Required to be Carried Over Each Year in North Dakota?

There is no law regarding the provision of paid sick leave (or carryover) in the state of North Dakota.

Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in North Dakota?

Employers may choose to provide paid sick leave as a separate benefit from paid time off, but neither is required by state law.

Common North Dakota Paid Sick Leave Laws FAQs

How much paid sick leave am I entitled to take and be paid for in North Dakota?

Employees are not required to receive any amount of paid sick leave.

Does paid sick leave apply to all employees who work in North Dakota?

No, there is no law in effect requiring North Dakota employers to provide paid sick leave.

Which employees are exempt or partially exempt from the paid sick leave law in North Dakota?

No exemptions are applicable as the state defers to federal law regarding the provision of paid sick leave.

Do I have to notify my employer before taking sick leave in North Dakota?

The requirement to notify an employer before taking sick leave is based on company policy.

Can I be disciplined for taking a sick day or using paid sick leave in North Dakota?

If your employer provides paid sick leave, you must comply with your company’s policy around notifying the employer and providing required documentation. Employees found to be misusing paid sick leave or violating company rules may face discipline.

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North Dakota Department of Labor and Human Rights