What are the legal requirements for providing job-protected leave?

In South Dakota, employers are legally required to provide job-protected leave for some specific reasons. The state requires employers to provide military leave for employees who are members of the South Dakota National Guard or United States Armed Forces Reserves who are called to active duty. Private employers must provide up to fifteen days of unpaid leave, while state employers must provide up to thirty days of unpaid leave to these individuals. Employers must also provide unpaid family and medical leave to employees who take up to twelve weeks off to care for a newborn, newly adopted child, or seriously ill family member. If the employee’s employer has more than fifty employees, the employee must also be reinstated to their position at the end of the leave period. Employers must also provide unpaid leave for employees who are a victim of domestic violence or stalking. These individuals may take up to twenty days of unpaid leave in a twelve month period. Employees cannot be terminated for taking this type of leave, and they must be reinstated to their original job at the end of the leave period. Additionally, South Dakota employers are legally required to provide leave for another specific reason. Employers must provide at least five days of unpaid leave to employees to serve on a jury. Employees may also be eligible for additional benefits, such as jury pay, depending on their employer’s policies. In this case, however, employers cannot terminate or otherwise retaliate against an employee for taking jury leave.

What are the legal requirements for providing job-protected leave?

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