FMLA South Dakota: What Employers and HR Teams Must Do to Comply

If you’re searching for FMLA South Dakota requirements, the key point is this: South Dakota does not have a separate state family and medical leave law that replaces the federal program, so most employers will follow the federal Family and Medical Leave Act (FMLA) rules. This guide from SwiftSDS explains who is covered, what leave is protected, what notices and paperwork are required, and how to avoid common compliance mistakes under the Family Medical Leave Act South Dakota framework.

What “FMLA South Dakota” means in practice

In South Dakota, “FMLA” generally refers to the federal Family and Medical Leave Act of 1993 and its implementing regulations at 29 CFR Part 825. The FMLA provides eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for certain family and medical reasons, with continued group health benefits under the same terms.

Because HR compliance is rarely one-law-at-a-time, it also helps to understand how FMLA interacts with employee rights more broadly; SwiftSDS’s overview of 5 rights of workers provides helpful context for protected leave, workplace fairness, and retaliation rules.

Covered employers in South Dakota (and how to count employees)

Under the FMLA, a South Dakota employer is covered if it:

• Employs 50 or more employees for 20 or more workweeks in the current or preceding calendar year, and
• Those employees are employed within 75 miles of the employee’s worksite (relevant to employee eligibility, explained below).

Public agencies (state, local, and federal) and public and private elementary/secondary schools are covered regardless of employee count (29 CFR § 825.104).

Action step: confirm coverage annually

At the start of each year (and whenever headcount changes), verify whether you meet the 50/20 threshold. If you operate in multiple states, maintain a consistent counting methodology and document it.

Employee eligibility: who can take FMLA leave in South Dakota?

To be eligible for FMLA leave, an employee must (29 CFR § 825.110):

1. Work for a covered employer
2. Have worked for the employer for at least 12 months (not necessarily consecutive)
3. Have at least 1,250 hours worked during the 12 months immediately before leave begins
4. Work at a location where the employer has 50 employees within 75 miles

Are independent contractors eligible?

Generally, no—FMLA applies to employees, not true independent contractors. If you frequently use 1099 labor, misclassification can create compliance exposure. For a deeper dive, see are contractors eligible for fmla.

Qualifying reasons for FMLA leave (12 weeks, plus special military rules)

Eligible employees may take up to 12 workweeks of FMLA leave in a 12-month period for (29 CFR § 825.112):

• Birth of a child and bonding
• Placement of a child for adoption or foster care and bonding
• Caring for a spouse, child, or parent with a serious health condition
• The employee’s own serious health condition that makes them unable to perform essential job functions
• Certain qualifying exigencies related to a family member’s military service

In addition, FMLA provides up to 26 workweeks of leave in a single 12-month period for military caregiver leave to care for a covered servicemember with a serious injury or illness (29 CFR § 825.127).

Action step: define “serious health condition” consistently

“Serious health condition” is defined in the regulations (29 CFR § 825.113–825.115). Train managers to avoid informal approvals/denials and route potential FMLA issues to HR promptly.

How South Dakota employers must handle FMLA notices, postings, and paperwork

FMLA compliance is heavily driven by required notices and timely documentation. Employers should build a repeatable workflow around the FMLA notice rules (29 CFR § 825.300–825.305).

Required FMLA poster (general notice)

Covered employers must post a general notice explaining FMLA provisions and complaint procedures. If you manage multi-jurisdiction postings, keep your federal posting set current by referencing Federal (United States) Posting Requirements.

Tip: Many employers bundle the FMLA notice with other federal postings. For example, wage-and-hour posters are typically required alongside leave-related notices—SwiftSDS maintains the official Employee Rights Under the Fair Labor Standards Act notice as part of a compliant federal set.

Individual notices: Eligibility, Rights & Responsibilities, and Designation

When an employee requests leave—or when the employer learns leave may be for an FMLA-qualifying reason—employers generally must provide:

• Eligibility Notice (within 5 business days, absent extenuating circumstances)
• Rights and Responsibilities Notice (typically provided with the eligibility notice)
• Designation Notice (within 5 business days after sufficient information is received)

These timelines and content requirements are in 29 CFR § 825.300.

Medical certification and recertification

Employers may require medical certification for serious health conditions using Department of Labor certification forms (29 CFR § 825.305–825.308). Key compliance points:

• Provide written notice of the requirement and allow at least 15 calendar days to return certification (absent extenuating circumstances).
• If incomplete/insufficient, provide written notice and allow 7 calendar days to cure (29 CFR § 825.305(c)).
• Limit requests to what is allowed; avoid overbroad medical inquiries.

Because FMLA often overlaps with disability accommodation, align your approach with ADA processes. SwiftSDS resources on ada hr and ada forms for employers can help ensure your documentation and communications stay consistent.

Job protection, benefits continuation, and reinstatement requirements

Job restoration

On return from FMLA leave, employees must generally be restored to the same or an equivalent job (29 CFR § 825.214–825.215), with equivalent pay, benefits, and terms.

Health benefits continuation

Maintain group health coverage during FMLA leave on the same terms as if the employee continued to work (29 CFR § 825.209). If employees normally contribute premiums, you can require the same contributions during leave, using a consistent payment policy.

No retaliation or interference

Employers may not interfere with FMLA rights or retaliate against an employee for taking or requesting leave (29 CFR § 825.220). This aligns with broader nondiscrimination and fair employment principles—see SwiftSDS’s explainer on as it pertains to employment opportunity the eeo strives to.

Common FMLA compliance pitfalls for South Dakota employers (and how to avoid them)

1) Waiting for “magic words”

Employees don’t need to say “FMLA.” Train supervisors to escalate any absence that may involve hospitalization, ongoing treatment, pregnancy-related limitations, or caregiving needs.

2) Mismanaging intermittent leave

Intermittent or reduced-schedule leave is often the hardest to administer. Use a consistent method to track FMLA in the smallest increment used for other leave, not to exceed one hour (29 CFR § 825.205).

3) Overlapping ADA and FMLA without coordination

FMLA exhaustion does not end your obligations under the ADA. If the employee may need additional leave as a reasonable accommodation, engage in the interactive process.

4) Not documenting designation decisions

Failure to provide timely designation notices can create disputes about whether leave counts against the 12-week entitlement. Keep a dated audit trail.

Multi-state employers: keep your program consistent

If you employ workers across multiple states, harmonize your internal leave administration to the strictest applicable standard. For perspective on how the same federal FMLA framework is applied in other locations, compare SwiftSDS guidance like Fmla in utah or Fmla mn.

FAQ: Family Medical Leave Act South Dakota

Does South Dakota have paid FMLA?

No. FMLA is unpaid under federal law, though employees may be able (or required) to use accrued paid leave under your policy, and wage replacement may be available through other programs (not part of FMLA itself).

What poster do South Dakota employers need for FMLA?

Covered employers must display the FMLA general notice poster. Also maintain a compliant federal posting set; SwiftSDS summarizes what belongs in that set under Federal (United States) Posting Requirements.

Can I require a doctor’s note for FMLA leave?

You can require medical certification for serious health conditions, but it must follow the limits and timelines in 29 CFR § 825.305. Avoid requesting information beyond what the certification permits, and coordinate carefully when ADA may also apply.

SwiftSDS helps South Dakota employers build compliant, repeatable HR processes around federal requirements. If you want to strengthen your leave program, audit your coverage/eligibility determinations, standardize your notice letters, and ensure your postings and manager training are up to date.