What are the rights of workers under the Family and Medical Leave Act?

The Family and Medical Leave Act (FMLA) is a federal law that provides South Dakota workers with important rights to take time off from work. Under this law, employees can take up to twelve weeks of unpaid leave for certain family and/or medical related events. Employees in South Dakota are eligible for FMLA if they have worked for their employer for at least 12 months and have worked at least 1,250 hours during the 12 months prior to taking leave. Certain employees of local, state, or federal government agencies may be covered by the FMLA regardless of these eligibility requirements. Under the FMLA, eligible employees may take leave to care for a newborn child, to care for a family member with a serious health condition, to take medical leave when the employee is unable to work because of a serious health condition, or due to a qualifying exigency related to military service. Employees may also take leave to attend to certain qualifying exigencies arising out of the foreign deployment of a spouse, son, daughter, or parent. Upon returning from FMLA leave, employers are required to restore the employee to the same position they had prior to the leave, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. During the leave, employers are also required to maintain the employee’s health insurance benefits. Overall, the Family and Medical Leave Act is an important law that helps ensure that workers in South Dakota have important rights to take time off from work for family and medical reasons. This law provides much needed economic security and peace of mind to employees who need to take a leave of absence without having to worry about losing their job.

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What are the rights of workers under the Family and Medical Leave Act?

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