South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:09 - State employment general provisions › Chapter 55:09:04 - Leaves of absence › Section 55:09:04:12 - Family and medical leave

Current through Register Vol. 51, page 10, July 15, 2024
Family and medical leave is available to an employee who has
				  worked for twelve months or more and who has worked 1,250 hours or more. Up to
				  12 weeks of sick leave, paid family leave, vacation leave, leave without pay,
				  or any combination of these leaves may be taken as family and medical leave. An
				  employee may request family and medical leave for any of the following
				  purposes:
(1) The birth of a child of
				the employee or the placement of a child with the employee for adoption or
				foster care;
(2) To bond with a
				child so long as the leave is taken within one year of the child's birth or
				placement;
(3) The need to care for
				the spouse, child, or parent of the employee if the spouse, child, or parent
				has a serious health condition;
(4)
				A serious health condition; or
(5)
				A qualifying exigency arising out of the fact that the employee's spouse, son,
				daughter, or parent is on active duty or called to active duty status as a
				member of the National Guard or another reserve component of the armed forces
				of the United States in support of a contingency operation. A qualifying
				exigency includes attending certain military events, arranging for alternative
				childcare, addressing certain financial and legal arrangements, attending
				certain counseling sessions, and attending post-deployment reintegration
				briefings.
An employee who has worked for twelve months or more and who
				  has worked 1,250 hours may also request family and medical leave to care for a
				  spouse, son, daughter, parent, or the employee's next of kin of a covered
				  servicemember with a serious injury or illness. A covered servicemember is
				  anyone who is currently a member of the regular armed forces, a reserve
				  component of the armed forces, or the National Guard. A serious injury or
				  illness is an injury or illness incurred by a covered servicemember in the line
				  of duty on active duty that may render the servicemember medically unfit to
				  perform the duties of the servicemember's office, grade, rank or rating and for
				  which the servicemember is undergoing medical treatment, recuperation, therapy,
				  or outpatient treatment or is on the temporary disability retired list. An
				  employee may also take military caregiver leave to care for a family member who
				  sustained a qualifying injury for up to five years after the member has been
				  discharged from military service. Up to 26 weeks of sick leave, vacation leave,
				  leave without pay, or any combination of these leaves may be taken as family
				  and medical leave for military caregiver leave during a single 12-month
				  period.
If sick leave is used for any part of the family and medical
				  leave, the employee may be required to support the request with a statement
				  from a medical doctor certifying the nature of the serious health
				  condition.
General Authority:
SDCL
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-18.