South Dakota Leave Laws




Vacation Leave

South Dakota has no laws requiring employers to provide employees with vacation benefits, either paid or unpaid. South Dakota’s Legislature and its courts are silent regarding any obligation an employer may have regarding vacation leave, including whether an employer must pay an employee accrued vacation leave upon separation from employment. Due to the silence of South Dakota authorities on the matter of vacation leave, it is likely employers are free to establish the vacation leave policy of their choosing. An employer would be required to comply with the terms of a valid employment contract containing vacation leave provisions.



Sick Leave

South Dakota law does not require employers to provide employees with sick leave benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract.

An employer in South Dakota may be required to provide an employee unpaid sick leave in accordance with the Family and Medical Leave Act or other federal laws.



Holiday Leave

South Dakota law does not require private employers to provide employees with either paid or unpaid holiday leave. SD Dept. of Labor: Holiday Pay In South Dakota, a private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.

State holidays

Visit our South Dakota State Holidays page for a list of holidays recognized and observed by the state of South Dakota as well as information regarding state laws governing holiday leave for public employers and employees.



Jury Duty Leave

An employer is not required to pay an employee for time spent responding to a jury summons or serving on a jury.

Any employee serving as a juror must retain and be entitled to the same job status, pay, and seniority as he or she had prior to performing jury duty.

South Dakota Stat. 16-13-41.2

An employer may not discharge or suspend any employee from his employment for serving as a juror in any court in the State of South Dakota.

South Dakota Stat. 16-13-41.1



Voting Leave

South Dakota law requires an employer to provide an employee with two (2) consecutive hours of paid leave to vote if the employee does not have two (2) consecutive hours of off-duty time before his or her shift begins or after his or her shift ends in which to vote while polls are open. An employer may dictate when the employee may take voting leaving.

An employer in South Dakota that fails to provide an employee paid voting leave as required commits a Class 2 misdemeanor.

SD Stat. 12-3-5



Bereavement Leave

South Dakota law does not require employers to provide employee bereavement leave. Bereavement leave is leave that is taken by an employee due to the death of another individual, usually a close relative. Employer may choose to provide bereavement leave and may be required to comply with any bereavement policy or practice it maintains.