## FMLA rights and family / medical leave in South Dakota The federal **Family and Medical Leave Act (FMLA)** gives eligible employees up to **12 weeks of UNPAID, job-protected leave** per year for qualifying reasons. Many states add their own programs — often paid — on top. ### South Dakota state paid leave None — federal FMLA only. ## Federal FMLA basics **Who qualifies:** - Employer with 50+ employees (within 75 miles) - Employee has worked 12+ months with the employer (not consecutive) - Employee has worked 1,250+ hours in the past 12 months **12 weeks per year for:** - Birth and bonding with a new child - Adoption / foster placement and bonding - Care for a spouse, child, or parent with a serious health condition - Employee's own serious health condition - Qualifying exigency from family member's military deployment **26 weeks per year for:** - Care for a covered service member with a serious injury or illness (military caregiver leave) **Job protection:** - Employee returns to same job or equivalent - Continuation of group health insurance during leave - No retaliation ## What "serious health condition" means Serious health conditions include: - Inpatient care - Continuing treatment by a healthcare provider involving incapacity 3+ days + 2 visits OR 1 visit + ongoing treatment regimen - Pregnancy and prenatal care - Chronic conditions requiring periodic visits - Permanent / long-term conditions requiring supervision - Multiple treatments (cancer, dialysis, kidney disease) Common things that DON'T qualify: typical cold / flu, minor outpatient procedures, routine physical exams, conditions managed without medication or healthcare provider involvement. ## Intermittent leave FMLA can be taken intermittently (a day at a time, several hours, etc.) when medically necessary. Common scenarios: - Cancer treatment / chemotherapy days - Migraines, asthma, diabetes flares - Periodic medical appointments - Mental-health treatment Intermittent leave is a major source of disputes — employers often resist or mismanage. ## Paid leave on top of FMLA FMLA itself is unpaid. Employees can use accrued vacation / PTO during FMLA — and many states + employers now provide paid leave alongside FMLA: **State paid family / medical leave** — see your state above. Most state programs are funded by employee + employer payroll contributions (similar to disability insurance). **Employer-provided paid parental leave** — many large employers offer separately. Federal employees got 12 weeks of paid parental leave in 2020 (Federal Employee Paid Leave Act). **Short-term disability insurance** — covers pregnancy / serious health condition for own illness. ## Pregnant Workers Fairness Act (PWFA, 2023) Federal law (effective June 2023) requires employers with 15+ employees to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions — separate from FMLA leave. Examples: temporary light duty, more frequent breaks, time off for medical appointments. ## Common FMLA disputes - **Eligibility miscalculation** — employer wrongly says employee doesn't qualify - **Failure to designate leave as FMLA** — employer must give notice within 5 business days - **Refusal to grant intermittent leave** - **Discouraging or threatening employees** seeking leave - **Failure to restore to same/equivalent position** - **Treatment of employees on leave** — exclusion, demotion, denial of bonuses or raises - **Termination during or shortly after leave** (look for retaliation) - **Failure to maintain health insurance** during leave ## FMLA retaliation **Retaliation for taking FMLA leave is illegal.** Common forms: - Firing employee shortly after return - Demoting or reducing responsibilities - Negative performance reviews tied to absence - Disciplining for absences covered by leave - Hostile treatment by management or coworkers Retaliation claims often succeed even when the underlying leave dispute is borderline. ## Damages If you win an FMLA case: - **Back pay** for lost wages and benefits - **Liquidated damages** equal to back pay (effectively double, if employer can't show good faith) - **Equitable relief** (reinstatement, promotion) - **Attorney's fees** - **Front pay** if reinstatement isn't feasible Statute of limitations: 2 years (3 for willful violations). ## What you should do If you need leave, request it in writing as soon as you know — at least 30 days in advance for foreseeable leave. Keep all medical certifications and employer communications. If you've been retaliated against or denied leave, talk to a South Dakota employment attorney quickly. Most plaintiff-side firms work on contingency. Don't sign severance agreements after FMLA-related issues without legal review. --- *This guide is general information about federal FMLA and South Dakota law as of early 2026 and is not legal advice. Leave law has many nuances and several states have new programs effective 2024-2026. Talk to a licensed South Dakota employment attorney about your specific situation.*