reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:02 - Health benefit › Section 55:08:02:03 - Effective date of dependent coverage

Current through Register Vol. 51, page 10, July 15, 2024
Dependent coverage is effective on the the first day of the
				  month following employee's hire date. Dependent coverage may not become
				  effective before the effective date of the employee's
				  coverage.
General Authority:
SDCL
					 3-6E-13(4).
Law Implemented:
SDCL
					 3-6E-1,
					 3-6E-5.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:02 - Health benefit › Section 55:08:02:04 - Application for dependent coverage

Current through Register Vol. 51, page 10, July 15, 2024
An eligible employee may apply for dependent coverage within
				  30 days after the employees marriage or the birth or adoption of a child. A
				  child may be covered from birth by notification of the commissioner by the
				  employee. Payment shall be made by payroll deduction unless otherwise
				  authorized by the commissioner.
General Authority:
SDCL
					 3-6E-13(3).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:02 - Health benefit › Section 55:08:02:05 - Reduction in or termination of dependent coverage

Current through Register Vol. 51, page 10, July 15, 2024
An eligible employee enrolled for dependent coverage may
				  reduce the number of dependents covered following a death, divorce, or marriage
				  and if a dependent child becomes ineligible because of age. Dependent coverage
				  terminates in the month following the last month in which contributions were
				  paid. An employee shall notify the commissioner and the participating unit of
				  any dependent who becomes ineligible for participation in the plan. Any
				  contribution previously paid may not be refunded if coverage has been
				  provided.
General Authority:
SDCL
					 3-6E-13(6).
Law Implemented:
SDCL
					 3-6E-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:02 - Health benefit › Section 55:08:02:06 - Notice of ability to continue coverage

Current through Register Vol. 51, page 10, July 15, 2024
If an eligible employee dies, is divorced or legally
				  separated, terminates employment, has hours of employment reduced, or has a
				  dependent who no longer qualifies as a dependent, the participating unit shall
				  provide written notice, as applicable, to the eligible employee and the
				  employees affected dependent that the employee or the dependent, or both, may
				  elect to continue health coverage.
General Authority:
SDCL
					 3-6E-13(3).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:03 - Life benefit › Section 55:08:03:01 - Election of employee and dependent coverage

Current through Register Vol. 51, page 10, July 15, 2024
An eligible employee has 30 days from the date eligibility
				  is determined to elect the life benefit plan to cover the employee and the
				  employees dependents without showing proof of insurability.
An eligible employee may elect dependent coverage within 30
				  days after marriage. If an employee elects dependent coverage, future children
				  are automatically covered at birth.
General Authority:
SDCL
					 3-6E-13(1).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:03 - Life benefit › Section 55:08:03:02 - Beginning of coverage

Current through Register Vol. 51, page 10, July 15, 2024
Coverage begins the first day of the month following
				  employee's hire date.
General Authority:
SDCL
					 3-6E-13(4).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:03 - Life benefit › Section 55:08:03:03 - Election of coverage after initial eligibility period

Current through Register Vol. 51, page 10, July 15, 2024
An eligible employee may elect coverage for the employee and
				  the employees dependents after the initial eligibility period upon showing
				  proof of insurability for each person to be insured and may increase the
				  employees coverage after the initial eligibility period upon showing proof of
				  insurability.
General Authority:
SDCL
					 3-6E-13(3).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:03 - Life benefit › Section 55:08:03:04 - Termination of coverage

Current through Register Vol. 51, page 10, July 15, 2024
An employee enrolled for life coverage may elect, at any
				  time, to terminate enrollment and deductions. Coverage continues through the
				  last day of the month for which contributions were paid.
General Authority:
SDCL
					 3-6E-13(5).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:03 - Life benefit › Section 55:08:03:05 - Continuation of coverage

Current through Register Vol. 51, page 10, July 15, 2024
An eligible employee who resigns or retires may elect to
				  continue life coverage at the current coverage level or less at the employees
				  expense for up to 18 months following termination, if the employee resigns, or
				  to the end of the month the employee reaches age 70, if the employee
				  retires.
General Authority:
SDCL
					 3-6E-13(3).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:03 - Life benefit › Section 55:08:03:06 - Basic life benefit defined

Current through Register Vol. 51, page 10, July 15, 2024
The basic life benefit payable under the life benefit program
				  is $25,000.
General Authority:
SDCL
					 3-6E-13(1).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:04 › Section 55:08:04:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 3-6E-13(2).
Law Implemented:
SDCL
					 3-6E-1,
					 3-6E-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:04 › Section 55:08:04:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 3-6E-13(2).
Law Implemented:
SDCL
					 3-6E-1,
					 3-6E-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:04 › Section 55:08:04:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 3-6E-13(2).
Law Implemented:
SDCL
					 3-6E-1,
					 3-6E-7.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:04 › Section 55:08:04:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 3-6E-13(4).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:04 › Section 55:08:04:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 3-6E-13(7).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:04 › Section 55:08:04:06

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 3-6E-13(5).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:04 › Section 55:08:04:07

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 3-6E-13(2).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:05 - Flexible benefits plan › Section 55:08:05:01 - Eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Any eligible employee may participate in the flexible
				  benefits plan. If an eligible employee retires, the retiree may apply to
				  participate in the flexible benefits plan for 18 months after the eligible
				  employee retires.
General Authority:
SDCL
					 3-6E-13(2).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:05 - Flexible benefits plan › Section 55:08:05:02 - Election to participate

Current through Register Vol. 51, page 10, July 15, 2024
An eligible employee may file an election to participate in
				  the flexible benefits plan for the employee or the employees dependents in the
				  office of the commissioner. Once made, an election shall remain in effect for
				  the entire plan year.
General Authority:
SDCL
					 3-6E-13(3).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:05 - Flexible benefits plan › Section 55:08:05:03 - Changes in election

Current through Register Vol. 51, page 10, July 15, 2024
An eligible employee may change the employees election when
				  there has been a marriage, birth or adoption, divorce, change in school status
				  or jobs, or death. The change shall be made within 30 days after the change in
				  family status and shall be consistent with the change in family status. A new
				  employee may make the election at the time the employee is initially hired or
				  within 30 days thereafter. An election or change in election shall be in
				  writing on a form provided by the commissioner. A new election may be made for
				  each plan year during annual enrollment.
If a former employee is rehired within a plan year, the
				  employees election at the time of the employees previous employment continues
				  unless there has been a change in family status during the break in service. If
				  applicable, changes shall be consistent with the change in family
				  status.
General Authority:
SDCL
					 3-6E-13(3).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:05 - Flexible benefits plan › Section 55:08:05:04 - Notice of ability to continue participation

Current through Register Vol. 51, page 10, July 15, 2024
If an eligible employee dies, is divorced or legally
				  separated, is terminated from employment, has the hours of employment reduced,
				  or has a dependent who no longer qualifies as a dependent, the participating
				  unit shall provide written notice, as applicable, to the eligible employee and
				  the employees affected dependent that the employee or the dependent, or both,
				  may elect to continue to participate in flexible benefits.
General Authority:
SDCL
					 3-6E-13(3).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:06 - Claims review procedure › Section 55:08:06:01 - Notice of denial of claim

Current through Register Vol. 51, page 10, July 15, 2024
The benefits manager shall provide written notice to an
				  eligible employee whose claim for benefits is denied. The notice shall include
				  the specific reason for denial, including reference to the plan provision upon
				  which denial is based, and a description of additional material or information
				  necessary for the eligible employee to complete the employees claim, including
				  an explanation of the claims review procedure.
General Authority:
SDCL
					 3-6E-13.
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:06 - Claims review procedure › Section 55:08:06:02 - Appeal from denial of claim

Current through Register Vol. 51, page 10, July 15, 2024
An eligible employee or any other person whose claim for
				  benefits under chapter 55:08:02 is denied may appeal to the benefits manager
				  within 30 days after receipt of the notice of adverse determination. The
				  benefits manager shall investigate and make a decision within 30 days after
				  receipt of the complaint. If the benefits manager upholds an adverse
				  determination, the eligible employee or any other person will be notified of
				  their right to an external review. The eligible employee or any other person
				  has four months after receipt of notice of an adverse determination to request
				  an external review.
General Authority:
SDCL 3-6E-13(9).
Law Implemented:
SDCL 3-6E-1,
					 45 C.F.R. §
												147.136.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:06 - Claims review procedure › Section 55:08:06:03 - Appeal procedure

Current through Register Vol. 51, page 10, July 15, 2024
An eligible employee or any other person whose claim has
				  been denied and desires to appeal the adverse determination of the benefits
				  manager may request an external review by filing a request for external review
				  with an independent review organization through the Department of Labor and
				  Regulation, Division of Insurance under ARSD 20:06:53 within four months after
				  receipt of notice of an adverse determination.
An independent review organizations external review decision
				  is binding on the South Dakota State Employee Health Plan except to the extent
				  the South Dakota State Employee Health Plan has other remedies available under
				  applicable state law. An independent review organizations external review
				  decision is binding on the eligible employee or any other person except to the
				  extent the eligible employee or any other person has other remedies available
				  under applicable federal or state law.
General Authority:
SDCL 3-6E-13(9).
Law Implemented:
SDCL 3-6E-1,
					 45 C.F.R. §
												147.136.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:06 - Claims review procedure › Section 55:08:06:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 3-6E-13.
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:06 - Claims review procedure › Section 55:08:06:05 - Failure to comply with time limits

Current through Register Vol. 51, page 10, July 15, 2024
Failure by an eligible employee or any other person whose
				  claim has been denied to comply with time limits in this chapter constitutes a
				  withdrawal of the claim. Failure of the benefits manager to comply with the
				  time limits allows the claimant to initiate the next successive step of the
				  procedure. A party may agree to a time extension requested in writing by the
				  other party.
General Authority:
SDCL
					 3-6E-13.
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:06 - Claims review procedure › Section 55:08:06:06 - Delivery requirements for written notice

Current through Register Vol. 51, page 10, July 15, 2024
A written notice required by this chapter shall be delivered
				  personally or mailed. The notice is effective on the date of the
				  receipt.
General Authority:
SDCL
					 3-6E-13.
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:07 - Opt-out procedure › Section 55:08:07:01 - Election not to participate

Current through Register Vol. 51, page 10, July 15, 2024
A new employee may elect not to participate in the state
				  employee health benefit plan pursuant to SDCL
				  3-6E-4, upon the new employees
				  initial opportunity to enroll. An employee may elect not to participate in the
				  state employee health benefit plan pursuant to SDCL
				  3-6E-4 during the annual enrollment
				  period. Each plan year, the employee shall provide documentation to the benefit
				  plan administrator that the employee is covered by another group health
				  insurance plan as either a spouse or dependent. The documentation of other
				  coverage shall identify the effective dates for the coverage and the family
				  members that are covered. If an employee elects not to participate in the state
				  employee health benefit plan, the employees family members are not eligible to
				  participate in the state's plan.
General Authority:
SDCL
					 3-6E-13(3).
Law Implemented:
SDCL
					 3-6E-1,
					 3-6E-4.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:07 - Opt-out procedure › Section 55:08:07:02 - Conditions for rescinding election not to participate

Current through Register Vol. 51, page 10, July 15, 2024
An employee may rescind the election not to participate in
				  the state employee health benefit plan at any time outside the annual
				  enrollment period if the employee loses the other group health insurance
				  coverage because the employee is divorced or legally separated, the spouse is
				  terminated, the spouses hours of employment are reduced, or the employee no
				  longer qualifies as a dependent. The employee shall provide proof of the loss
				  of other group coverage to the benefit plan administrator.
If the election not to participate is rescinded by the member
				  within the current plan year for any of the reasons listed in this section, the
				  employee may enroll for coverage under the terms of the current state employee
				  health benefit plan. An employee may rescind the election not to participate in
				  the state employee health benefit plan for any reason during the annual health
				  benefit enrollment period.
General Authority:
SDCL
					 3-6E-13(3).
Law Implemented:
SDCL
					 3-6E-1,
					 3-6E-5.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:07 - Opt-out procedure › Section 55:08:07:03 - Costs incurred during period of nonparticipation not covered

Current through Register Vol. 51, page 10, July 15, 2024
Costs that were incurred by an employee or the employees
				  dependents while the employee was not participating in the state employee
				  health benefit plan are not covered expenses under the state employee health
				  benefit plan.
General Authority:
SDCL
					 3-6E-13(1).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:07 - Opt-out procedure › Section 55:08:07:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 3-6E-13(3).
Law Implemented:
SDCL
					 3-6E-1.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:09 - State employment general provisions › Chapter 55:09:02 - Personnel records › Section 55:09:02:01 - Personnel records

Current through Register Vol. 51, page 10, July 15, 2024
The personnel file and all personnel records pertaining to
				  applications for employment, personnel investigations, performance appraisals,
				  donation or receipt of vested leave, health or retirement benefits, and
				  competitive examination materials are confidential. An employee's name,
				  classification, and salary may be released to a person upon written request.
				  Additional information may be released if the request is accompanied by an
				  authorization signed by the employee. Lists of employees with their home or
				  office locations or other statistical compilations may only be released for
				  legitimate state government purposes.
General Authority:
SDCL
					 3-6C-24.
Law Implemented:
SDCL
					 3-6C-24.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:09 - State employment general provisions › Chapter 55:09:02 - Personnel records › Section 55:09:02:02 - Access to records

Current through Register Vol. 51, page 10, July 15, 2024
A supervisor may review any position history file or any
				  performance file. The review shall be done in confidence with the commissioner
				  or a designee. An employee may review the employee's personnel file. The review
				  shall be done in confidence with the commissioner or a designee. An employee
				  has the right to obtain a copy of the contents of the employee's personnel file
				  or any other pertinent data that directly relates to the employee held in the
				  state's files. The cost of the copy shall be borne by the
				  employee.
General Authority:
SDCL
					 3-6C-24.
Law Implemented:
SDCL
					 3-6C-24.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:09 - State employment general provisions › Chapter 55:09:03 - Holidays › Section 55:09:03:01 - Compensation for work performed on holidays

Current through Register Vol. 51, page 10, July 15, 2024
Any employee who is not salaried and who is required to
				  perform work or to render services on one of the holidays listed in SDCL
				  1-5-1 shall be compensated by
				  receiving an equal time off within the pay period or at a later date or a cash
				  payment at the employee's regular hourly rate.
General Authority:
SDCL
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-18.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:09 - State employment general provisions › Chapter 55:09:03 - Holidays › Section 55:09:03:02 - Holiday pay

Current through Register Vol. 51, page 10, July 15, 2024
If an employee was scheduled to work on a holiday and refused
				  to do so, no payment may be made for the holiday. Any employee who works less
				  than full time shall be given prorated holiday pay, determined by calculating
				  an average for the past five pay periods. If an employee begins employment
				  after a holiday, no payment may be made for the holiday.
General Authority:
SDCL
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-18.
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 55:09:04:01 - Vacation leave

Current through Register Vol. 51, page 10, July 15, 2024
Each permanent employee is entitled to vacation leave with
				  pay. Vacation leave accruals start with the date of employment but may not be
				  paid out upon separation unless six months of continuous service have been
				  completed. Any request for vacation leave shall be approved by an employee's
				  immediate supervisor before the time of departure. A leave request may not
				  exceed the amount accumulated.
Vacation leave shall be accrued each semimonthly pay period
				  and is accrued in equal increments to the maximum specified in SDCL
				  3-6C-4. An employee with less than
				  15 years of service who is paid monthly may accrue no more than 10 hours of
				  vacation leave a month. An employee with 15 years or more of service who is
				  paid monthly may not accrue more than 13.334 hours of vacation leave a month.
				  The 15 years of service does not have to be consecutive. A permanent employee
				  who works less than full time accrues prorated vacation leave based on the
				  number of hours paid in the pay period.
An employee whose appointment has expired or who has been
				  laid off or terminated for cause shall take earned vacation in a lump sum. If
				  an employee who is terminating employment is on vacation leave, no other type
				  of leave may be used.
If an employee transfers, all accumulated leave shall be
				  transferred to the new department.
General Authority:
SDCL
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-4,
					 3-6C-18.
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 55:09:04:02 - Sick leave

Current through Register Vol. 51, page 10, July 15, 2024
Sick leave with pay shall be accrued each semimonthly pay
				  period in equal increments to the maximum specified in SDCL
				  3-6C-7. An employee paid monthly
				  shall accumulate sick leave at a rate of 9.334 hours per month. An employee who
				  works less than full time shall accrue prorated sick leave based on the number
				  of hours paid in the pay period.
Sick leave may be granted for the illness, health care needs,
				  or temporary care of the employee, the employees immediate family, or a person
				  for whom the employee is the legal guardian. An employee may use up to five
				  days of sick leave, as bereavement leave, for the loss of an immediate family
				  member. An employee who is on approved leave, except terminal vacation leave,
				  and becomes injured or ill may use sick leave.
The appointing authority may, with the approval of the
				  commissioner, require the employee to produce a doctor's statement to support a
				  request for sick leave.
General Authority:
SDCL
					 3-6C-7,
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-7,
					 3-6C-18.
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 55:09:04:03 - Minimum charge for sick leave

Current through Register Vol. 51, page 10, July 15, 2024
If an appointing authority arranges a replacement worker or
				  employs a temporary worker due to an employee's absence, the appointing
				  authority may require a minimum charge of up to four hours of sick leave for
				  the employee's absence.
General Authority:
SDCL
					 3-6C-7,
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-7,
					 3-6C-18.
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 55:09:04:04 - Reinstatement of sick leave

Current through Register Vol. 51, page 10, July 15, 2024
If a civil service employee was laid off, is rehired within
				  one year after the employee's termination date, and has not received payment
				  for unused sick leave pursuant to SDCL
				  3-6C-12, the employee is entitled
				  to reinstatement of the sick leave that the employee had accrued at the time of
				  termination. A person who voluntarily terminates employment is not entitled to
				  a reinstatement of unused sick leave.
General Authority:
SDCL
					 3-6C-7,
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-7,
					 3-6C-18.
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 55:09:04:04.01 - Paid family leave

Current through Register Vol. 51, page 10, July 15, 2024
Each permanent employee who has been employed by the state
				  for a continuous period of six months is entitled to 40 hours of paid family
				  leave per week for up to 12 weeks for bonding following the birth of a child of
				  the employee or placement of a child for adoption. Paid family leave must be
				  taken within one year following the birth of a child or the placement of a
				  child for adoption. A permanent part-time employee will receive prorated
				  hours.
General Authority:
SDCL
					 3-6C-7.1,
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-7.1,
					 3-6C-18.
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 55:09:04:05 - Personal leave

Current through Register Vol. 51, page 10, July 15, 2024
An employee may use up to 40 hours of accumulated sick leave
				  annually for any military-related service as a member of the military reserve
				  or national guard.
General Authority:
SDCL
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-18.
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 55:09:04:06 - Fire suppression or ambulance service

Current through Register Vol. 51, page 10, July 15, 2024
An employee who is a member of a volunteer fire department or
				  ambulance service is not required to use leave for fire suppression or
				  ambulance service if the service is performed within the volunteer's
				  established normal response area or mutual aid response area as defined
				  locally. Volunteer service outside of this area shall have prior approval of
				  the appointing authority and the commissioner. The absence is considered
				  administrative leave for payroll purposes.
General Authority:
SDCL
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-18.
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 55:09:04:07 - Advanced sick leave

Current through Register Vol. 51, page 10, July 15, 2024
An employee who has been employed by the state in a permanent
				  position for one year or more may request advanced sick leave for not more than
				  28 days once all other leave is exhausted. An employee requesting advanced sick
				  leave shall submit a signed request supported by a statement from the
				  employee's doctor. An employee who is a Christian Scientist may submit a
				  statement from a Christian Scientist practitioner. The request shall be
				  approved by the appointing authority and the commissioner before the advance is
				  granted. An employee who terminates employment before advanced sick leave has
				  been repaid shall repay the remaining advanced hours at the employee's current
				  rate of pay.
General Authority:
SDCL
					 3-6C-7,
					 3-6C-9,
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-7,
					 3-6C-9,
					 3-6C-18.
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 55:09:04:08 - Military training leave

Current through Register Vol. 51, page 10, July 15, 2024
Military leave for training may not be granted to an employee
				  who is on vacation leave and terminating employment. Military leave for
				  training may not be accumulated. A temporary employee is not entitled to
				  military leave for training. A new employee on six months probationary status
				  is not considered a temporary employee. The appointing authority shall maintain
				  a record of military leave taken with the regular vacation and sick leave
				  account of each state employee. An employee requesting military leave for
				  training shall obtain a written order or letter from the commander of the
				  employee's reserve or national guard unit showing the dates of the training
				  period. This notice shall be submitted to the appointing authority 15 days
				  before the date of the employee's departure for training.
General Authority:
SDCL
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-18.
Note:
Employers and employees should note the
					 difference between units called for military training up to 15 working days
					 with pay and units called for active
					 duty.
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 55:09:04:09 - Court and jury leave

Current through Register Vol. 51, page 10, July 15, 2024
If an employee is subpoenaed to testify in any civil or
				  criminal proceeding because of the employee's official capacity, the employee
				  shall receive the employee's regular salary without loss of leave credits and
				  may receive actual expenses according to state rates, but may not receive
				  witness fees. If an employee is a party to or a witness in private litigation
				  not related to his or her official capacity, the employee shall use vacation
				  leave or leave without pay. If an employee is summoned to serve on a jury, the
				  employee shall receive the employee's regular salary without loss of leave
				  credits and the per diem and mileage provided for by SDCL
				  16-13-46. An employee summoned
				  either as a witness or a juror shall notify the employee's supervisor at
				  once.
General Authority:
SDCL
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-18.
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 55:09:04:10 - Leave of absence without pay

Current through Register Vol. 51, page 10, July 15, 2024
Leave of absence without pay means approved absence from duty
				  for which the employee is not paid. The leave is available to any permanent
				  employee, may not exceed twelve weeks, and shall be approved by the appointing
				  authority. The appointing authority may submit a written request with
				  justification for an extension of an employee's leave to the commissioner. The
				  appointing authority for an employee of the board of regents who is exempt from
				  the civil service act may submit a written request with justification for an
				  extension of the employee's leave to the Board of Regents. Leave of absence
				  without pay may be granted to an employee even though all of the employee's
				  accrued vacation leave has not been used. No leave credits may be earned during
				  the authorized leave of absence without pay.
General Authority:
SDCL
					 3-6C-17,
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-18.
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 55:09:04:11 - Reporting absences or absence without leave

Current through Register Vol. 51, page 10, July 15, 2024
An employee who is absent from duty shall report the reason
				  for the absence to the employee's supervisor as soon as possible. Unauthorized
				  or unreported absences are considered absence without leave, and a deduction of
				  pay shall be made for the period of absence. An unauthorized or unreported
				  absence may be cause for disciplinary action.
General Authority:
SDCL
					 3-6C-17,
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-17,
					 3-6C-18.
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 55:09:04:13 - Administrative leave

Current through Register Vol. 51, page 10, July 15, 2024
Administrative leave shall be granted in the following
				  situations, allowing an employee to receive compensation for the hours that the
				  employee would normally have worked with no loss of leave:
(1) An office is closed by a department
				secretary, bureau commissioner, institutional administrator, or the
				Governor;
(2) An employee is a
				member of a volunteer fire department, reserve law enforcement unit, emergency
				search and rescue squad, or ambulance service and is called to emergency duty
				during working hours;
(3) An
				investigation of charges made against an employee upon which disciplinary
				action could be taken; and
(4) For
				any other purpose that has been requested in writing and approved by the
				commissioner.
An appointing authority shall inform the commissioner of any
				  office closing.
General Authority:
SDCL
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-18.
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 55:09:04:14 - Donation of leave - Recipient requirements

Current through Register Vol. 51, page 10, July 15, 2024
An employee may receive donated vested leave if the following
				  requirements are met:
(1) The employee
				is employed in a permanent position for at least one year and is eligible for
				the accumulation of leave under SDCL
				3-6C-4 and
				3-6C-7;
(2) The employee has been certified by a
				physician as:
(a) Terminally ill and unable to
				return to work; or
(b) Suffering
				from life-threatening illness or injury which prevents the employee from
				working for at least 90 consecutive days;
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 55:09:04:15 - Donation of leave for care of spouse, child, or parent - Recipient requirements

Current through Register Vol. 51, page 10, July 15, 2024
Pursuant to SDCL
				  3-6C-15, an employee may receive
				  donated vested vacation leave if the following requirements are met:
(1) The employee is employed in a permanent
				position for at least one year and is eligible for the accumulation of leave
				under SDCL 3-6C-4 and
				3-6C-7.
(2) The employee's spouse, child, or parent
				has been certified by a physician as:
(a)
				Terminally ill; or
(b) Suffering
				from life-threatening illness or injury;
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 55:09:04:16 - Donation of leave - Donor requirements

Current through Register Vol. 51, page 10, July 15, 2024
An employee is eligible to donate vested leave if the
				  employee is employed in a position eligible for the accumulation of leave under
				  SDCL 3-6C-4 and
				  3-6C-7 and has accumulated more
				  than 80 hours of vacation leave or 120 hours of sick leave.
The donating employee may donate vacation leave in excess of
				  80 hours or sick leave in excess of 120 hours. The minimum donation of vested
				  vacation leave is one hour. The minimum donation of vested leave is four hours.
				  Sick leave shall be donated in increments of four hours. The donating employee
				  may donate leave to an employee who is at the same paygrade as the donating
				  employee or who is at a lower paygrade than the donating employee. If an
				  employee does not have a pay grade that has been established by the Bureau of
				  Human Resources, the employee may donate leave to an employee who is at the
				  same rate of pay as the donating employee or who is at a lower rate of pay than
				  the donating employee.
General Authority:
SDCL
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-14,
					 3-6C-18.
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 55:09:04:17 - Donation of leave - Procedure

Current through Register Vol. 51, page 10, July 15, 2024
An employee donating leave shall give written notice of the
				  amount and type of leave being donated and the name of the recipient of the
				  leave and the recipient's place of employment, if known. The commissioner shall
				  maintain a register including the name of each donating and recipient employee,
				  the total hours and type of leave donated, and the date the donation was made.
				  If a recipient receives a donation of leave from more than one donor, the leave
				  shall be distributed in the order received.
General Authority:
SDCL
					 3-6C-13,
					 3-6C-15,
					 3-6C-18.
Law Implemented:
SDCL
					 3-6C-13,
					 3-6C-15,
					 3-6C-18.
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 55:09:04:18 - Contagious disease - Procedure

Current through Register Vol. 51, page 10, July 15, 2024
If the appointing authority has a reasonable belief that an
				  employee has been exposed to a contagious disease that would endanger the
				  health of fellow employees or the public, the appointing authority may request
				  that the employee leave the worksite. If the employee refuses to leave, the
				  appointing authority may require the employee to provide medical certification
				  that the illness is not a threat to the employee or others. The appointing
				  authority shall be responsible for the cost of the examination. If the employee
				  refuses to submit to the examination or if the examination indicates that the
				  employee has a contagious disease, the employee may be required to take leave.
				  If the employee leaves work pursuant to this rule, the employee may use accrued
				  sick or vacation leave for the purpose; otherwise the leave shall be without
				  pay. Before returning to work the employee may be required to provide medical
				  certification that the illness is not a threat to the employee or
				  others.
An employee who is required to take leave under this section
				  may appeal the decision to the commissioner if the appeal is made in writing
				  within 14 days of the appointing authority's decision to require
				  leave.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
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 55:09:04:19 - Emergency furlough

Current through Register Vol. 51, page 10, July 15, 2024
An appointing authority may place any employee on furlough
				  because of a shortage of funds or work due to an emergency. During the
				  furlough, the employee may use accrued vacation leave; otherwise, the furlough
				  shall be without pay. The furloughed employee shall remain eligible for state
				  health insurance plan benefits during the furlough. An emergency furlough does
				  not require prior notice to the employee.
At the conclusion of the emergency, the furloughed employee
				  shall be returned to his or her job without reduction in classification, pay,
				  or benefits.
A furloughed employee may be laid off pursuant to §
									55:10:09:01.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:09 - State employment general provisions › Chapter 55:09:05 - Overtime work and compensation › Section 55:09:05:01 - Overtime administration

Current through Register Vol. 51, page 10, July 15, 2024
An appointing authority may prescribe periods of overtime
				  work to meet operational needs. Complete records of overtime payments and
				  compensatory time of employees shall be maintained in each
				  department
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:09 - State employment general provisions › Chapter 55:09:05 - Overtime work and compensation › Section 55:09:05:02 - Salaried employees not eligible for overtime payment

Current through Register Vol. 51, page 10, July 15, 2024
A salaried employee is not eligible for additional
				  compensation based on hours worked over 40 hours a week.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:09 - State employment general provisions › Chapter 55:09:05 - Overtime work and compensation › Section 55:09:05:03 - Inconvenience pay

Current through Register Vol. 51, page 10, July 15, 2024
An employee who is not salaried and who has left the normal
				  place of work for the employee's residence and is unexpectedly required to
				  return to work prior to the start of the next regular shift is guaranteed a
				  minimum of three hours pay regardless of hours actually
				  worked.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:09 - State employment general provisions › Chapter 55:09:05 - Overtime work and compensation › Section 55:09:05:04 - Hours worked

Current through Register Vol. 51, page 10, July 15, 2024
For the purpose of calculating overtime pay, hours worked
				  shall be actual working time. Vacation leave, sick leave, military leave, court
				  and jury leave, and holidays may not be used in computation of overtime
				  pay.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:01 - General provisions › Section 55:10:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
The definitions contained in §
									55:09:01:01 apply to the
				  provisions of this article.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:01 - General provisions › Section 55:10:01:02 - Affirmative action program

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall develop and maintain an affirmative
				  action plan which assures equal opportunity in recruitment and selection, job
				  structure, promotion policies, training to improve job performance and upward
				  mobility, and all other related procedures and practices, and insures
				  compliance by units that employ persons covered by SDCL chapter 3-6
				  D.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:01 - General provisions › Section 55:10:01:03 - Date of employment after break in service

Current through Register Vol. 51, page 10, July 15, 2024
If a person is reemployed after a break in service for any
				  reason other than layoff or military service, the date of the employee's
				  current employment is the official date of employment for all personnel
				  transactions except for the accumulation of annual leave as provided in §
									55:09:04:01.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:01 - General provisions › Section 55:10:01:04 - Continuing employment

Current through Register Vol. 51, page 10, July 15, 2024
A status employee is subject to continuous service and,
				  therefore is not subject to an annual confirmation of appointment either by a
				  contract or memorandum of appointment. A civil service employee may be
				  terminated as provided in chapter 55:10:07.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:01 - General provisions › Section 55:10:01:05 - Nepotism

Current through Register Vol. 51, page 10, July 15, 2024
Without specific approval by the commissioner, a person may
				  not serve in a position where the person would supervise or receive supervision
				  from a member of the person's immediate family.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.