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South Dakota Leave Laws


No federal or state law requires employers to provide paid or unpaid vacation time for their employees. However, if employers choose to offer a vacation leave, paid or unpaid, to their employees it must comply with applicable state law or employment contract.

Jury Duty Leave

An employee who is absent from work due to jury duty must retain the same job status, pay and seniority that he or she had prior to the jury duty. Leave may be paid or unpaid, at the discretion of the employer. Employers may not discharge or suspend employees for serving as jurors

Bereavement Leave

No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.

Voting Leave

An employer must provide employees with up to two hours of paid leave to vote in any primary or general election on election day. The employer may specify the hours an employee may take leave to vote. However, an employee is not eligible for voting leave if his or her work schedule allows for two consecutive hours during the time the polls are open.

Military Leave

Employees who are residents of South Dakota and members of any state’s National Guard are entitled to the same employment protections that apply to persons serving on federal active duty (under the Servicemembers Civil Relief Act and USERRA) when they are ordered to active duty by that state’s governor or the federal government.

    All materials have been prepared for general information purposes only to permit you to learn more about this region's leave laws. The information presented is not legal advice, is not to be acted on as such, and may not be current. Please contact your local legal counsel to learn more about the leave laws in your country.