South Dakota Paid Family Leave Laws

As of January 3, 2025, South Dakota does not have a state-mandated Paid Family Leave (PFL) program applicable to private-sector employees. However, the state provides specific paid leave benefits for eligible state employees. Additionally, all employees in South Dakota are covered under the federal Family and Medical Leave Act (FMLA), which offers unpaid, job-protected leave for qualifying family and medical reasons.

What is Paid Family Leave?

Paid Family Leave (PFL) allows employees to take compensated time off from work to address significant family needs, such as bonding with a new child or caring for a seriously ill family member. PFL supports employees in balancing work responsibilities with essential family obligations without financial hardship.

Does South Dakota Have Paid Family Leave Laws That Differ from Federal Family Leave Laws?

Yes, South Dakota has implemented a Paid Family Medical Leave (PFML) program for eligible state employees, which differs from the federal FMLA provisions. While the FMLA provides up to 12 weeks of unpaid, job-protected leave for qualifying events, South Dakota’s PFML offers paid leave for certain qualifying FMLA events to state employees. This initiative aims to provide financial security during significant life events.

What Counts as a Qualifying Event for Paid Family Leave in South Dakota?

For eligible state employees under the PFML program, qualifying events align with those recognized under the FMLA, including:

• Birth and Care of a Newborn Child: Leave for the birth of a child and to care for the newborn within one year of birth.
• Adoption or Foster Care Placement: Leave for the placement of a child for adoption or foster care and to care for the newly placed child within one year of placement.
• Serious Health Condition: Leave to care for the employee’s spouse, child, or parent who has a serious health condition, or when the employee is unable to work due to a serious health condition.
• Military Family Leave: Leave for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”

These events are consistent with federal FMLA guidelines.

Are There Requirements to be Eligible for Paid Family Leave in South Dakota?

Eligibility criteria for state employees under the PFML program include:

• Employment Duration: Employees who have worked for the State of South Dakota for at least one year.
• Hours Worked: Have worked a minimum of 1,250 hours in the preceding 12-month period.
• Sick Leave Balance: Have 80 or fewer hours of accrued sick leave.
• Qualifying Event: Experience a qualifying FMLA event occurring on or after the program’s effective date.

Is There a Minimum Amount of Paid Family Leave Time Required in South Dakota?

For eligible state employees, the PFML program provides up to 12 weeks of paid leave per year for qualifying events, with employees qualifying for up to 40 hours per week during this period.

Is There a Minimum Amount of Maternity Leave Time Required in South Dakota?

For state employees, maternity leave falls under the PFML program, offering up to 12 weeks of paid leave for the birth and care of a newborn child. For private-sector employees, there is no state-mandated maternity leave beyond the federal FMLA provisions, which allow eligible employees to take up to 12 weeks of unpaid leave for maternity-related reasons.

Is Paternity Leave Required by Law in South Dakota?

For state employees, paternity leave is included under the PFML program, providing up to 12 weeks of paid leave for bonding with a newborn or newly placed child. For private-sector employees, there is no state-mandated paternity leave requirement beyond the FMLA provisions, which allow eligible employees to take unpaid leave for paternity purposes.

Who Pays for Paid Family Leave in South Dakota?

The PFML program for state employees is funded by the State of South Dakota, ensuring that eligible employees receive their regular compensation during approved leave periods. For private-sector employees, there is no state-mandated paid family leave program; under the FMLA, leave is unpaid. Employers may offer paid leave at their discretion or as part of company policy.

Conclusion

While South Dakota does not have a state-mandated Paid Family Leave program for private-sector employees, it has implemented a Paid Family Medical Leave program for eligible state employees, providing paid leave for qualifying family and medical events. All employees in South Dakota are covered under the federal FMLA, which offers unpaid, job-protected leave for specified reasons. Employers and employees should familiarize themselves with both state provisions for public employees and federal FMLA regulations to understand their rights and responsibilities regarding family and medical leave.