South Dakota
Verified February 2026South Dakota Human Relations Act
S.D. Codified Laws §§ 20-13-1 to 20-13-56
South Dakota does not have a state-level family or medical leave law that supplements the federal FMLA. For most employees in South Dakota, the right to unpaid, job-protected leave for serious health conditions or caregiving relies entirely on the federal Family and Medical Leave Act (FMLA). To qualify, you generally must work for an employer with 50+ employees and have worked there for at least 12 months and 1,250 hours.
South Dakota provides broad anti-discrimination protection through the South Dakota Human Relations Act (SDHRA), codified at S.D. Codified Laws §§ 20-13-1 to 20-13-56. The SDHRA covers all employers with 1 or more employees, making it one of the most inclusive employer coverage thresholds in the nation. This means that virtually every worker in South Dakota has state-level protections against disability discrimination. The South Dakota Division of Human Rights (SD DHR) enforces the law, investigates complaints, and can hold administrative hearings.
South Dakota is an at-will employment state and does not mandate paid sick leave at the state level. There are no additional state-level leave protections beyond the federal FMLA. Workers’ compensation in South Dakota covers workplace injuries and occupational diseases, but standalone mental-mental claims (psychological injury without physical injury) face significant evidentiary hurdles and are generally difficult to establish.
Even without a state leave law, South Dakota’s universal employer coverage for discrimination protections ensures that no worker is without recourse for disability discrimination. The combination of the South Dakota Human Relations Act, federal FMLA, and the ADA creates a safety net, particularly valuable for workers at the smallest employers who would not be covered by the federal ADA’s 15-employee threshold.
Employer Size
1+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: South Dakota does not have a state family or medical leave law. Federal FMLA is the primary source of job-protected leave.
Anti-Discrimination: The South Dakota Human Relations Act covers all employers with 1 or more employees, one of the broadest thresholds in the country and far broader than the federal ADA's 15-employee requirement.
Additional Protections
South Dakota Human Relations Act (SDHRA)
Prohibits employment discrimination based on disability and other protected classes for all employers with 1+ employees. One of the broadest employer coverage thresholds in the country, ensuring virtually every worker in South Dakota has state-level discrimination protections.
S.D. Codified Laws § 20-13-10
South Dakota Workers’ Compensation
Covers workplace injuries and occupational diseases. Mental health injuries arising from physical workplace injuries are covered. Standalone mental-mental claims (psychological injury without physical injury) face significant evidentiary hurdles under South Dakota law.
S.D. Codified Laws § 62-1-1 et seq.
South Dakota Wage Payment Laws
Requires employers to pay all wages due on regular paydays. Upon termination, all wages earned must be paid by the next regular payday or as soon as the employee returns any employer property. Workers can file wage claims with the Department of Labor and Regulation.
S.D. Codified Laws § 60-11-9 et seq.
1. Request FMLA Leave (Federal)
Since South Dakota has no state leave law, eligible employees follow federal FMLA procedures:
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. File a Disability Discrimination Complaint
- Verify the incident is within 180 days (all employers with 1+ employees are covered).
- File a complaint with the South Dakota Division of Human Rights online, by mail, or in person.
- SD DHR will investigate the complaint and attempt conciliation if it finds probable cause.
- If conciliation fails, the case may proceed to an administrative hearing or you may file a civil action in court.
Note: Filing with SD DHR automatically cross-files with the federal EEOC through a work-sharing agreement.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 180 days - Deadline to file a discrimination complaint with the South Dakota Division of Human Rights
- 300 days - Deadline to file with the federal EEOC (extended because SD DHR exists as a local agency)
- 3 business days - Workers’ comp injury must be reported to employer (written notice recommended promptly)
- 2 years - Statute of limitations for workers’ compensation claims in South Dakota
Official Resources
Frequently Asked Questions
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