How Does FMLA Work In South Dakota?

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How Does FMLA Work In South Dakota?

There's no law more important to employees than the . This is because FMLA, or the Family and Medical Leave Act, ensures that you and your family are protected from losing your main source of income and benefits if something unexpected happens, and you can't be at work.

Reasons for needing FMLA leave or paid parental leave can include time during or after pregnancy or health conditions under regulations such as an injury, illness, or a condition that requires treatment or inpatient care. So, how do you apply for FMLA?

You can fill out FMLA forms or file an FMLA claim on your own. However, DoNotPay can make the process much quicker and easier by doing all the work for you on your behalf.

What is FMLA?

FMLA, or the Family and Medical Leave Act, is a United States labor law put in place to protect employees from being fired when they must miss work for qualified reasons related to their health and family. The law provides you with up to 12 weeks of unpaid leave each year and protects your benefits from being taken away or restricted as a result of your leave.

Depending on your state (i.e., New York, New Jersey, Florida, California, etc.), FMLA laws and regulations may vary.

For South Dakota, you can expect the following.


To be eligible for FMLA leave in South Dakota, you must:

  • Work for an employee that is covered.
  • Have at least 1,250 hours of work recorded in the 12 months leading up to your application.
  • While you do not have to work for the employer for 12 months consecutively, you must have at least 12 months of work throughout the past seven years.

When to Notify Your Employer

Unless you are absolutely unable to, it is required in South Dakota to inform your employer of your leave as soon as possible. This is typically within 30 days, although it is advised to do so promptly leading up to your shift if you can as you may be subjected to delay or decline for leave if not.

Can I Get Paid on FMLA in South Dakota?

Under the labor law in South Dakota, you can use a combination of benefits during your 12-week period. This may include using one or more of the following:

  • Vacation time
  • Sick time
  • Paid personal leave
  • Leave without pay

No matter how you intend to divide up your leave, you are secure in your job when you come back. You can keep income rolling in by first using all of your vacation, sick, and paid time off you have left for the year.

If you request leave during pregnancy or after birth, you may also get paid for family leave. How much you get paid depends on your employer and family leave benefits.

Steps for Applying for FMLA on Your Own

Applying for FMLA or paid family leave on your own can become stressful when you have a newborn on the way. Some steps you may have to make in the process of getting your leave include:

Research your optionsYou will first have to research and ask around about all of your options for leave, especially if you intend to take more time off than given for paid family leave.
Identify what you qualify forThis can be time-consuming because you'll have to search through all of your benefits and their eligibilities to determine if you qualify to use them.
Send in an FMLA request letterYou will also have to put in the time to craft a whole letter requesting your leave.
Fill out your FMLA formAlong with a letter, you will have to fill out all the necessary details in the FMLA form.
Send by mailFinally, you'll need to find the proper address and contact information for mailing, as well as having all the required tools for the job on hand (i.e., envelops, stamps, etc.).
Wait for a responseThis might be the worst part.

Fortunately, there are less-stressful and much quicker solutions for getting your request in.

How DoNotPay Can Help You Get FMLA in South Dakota

Skip the hassle of requesting leave on your own and use DoNotPay. In just six easy steps, DoNotPay will have you covered under the FMLA labor law in no time:

  1. Tell us which state you work in (if you work in CA, NY, NJ, MA, WA, or DC, your state has a paid family leave program).

  2. Choose whether you want us to apply to the program for you or contact your employer with your leave request. If you want to apply for the program, we will walk you through the questions on the form and mail the application form for you.

  3. If you want us to contact your employer, enter your leave details, including the starting date, number of weeks of leave, and how many weeks of paid leave you are requesting (for example, you may take a 12 week leave, but only request eight weeks of paid leave to make the request reasonable).

  4. Indicate whether you are the birth parent or not (birth parents have a few additional protections).

  5. Enter the name of your company and the person to address this request to.

  6. Select whether you want us to email the request to your employer on your behalf.

DoNotPay aims to streamline complicated activities, so you can pay attention to more important things, like welcoming your new family member. Our services are designed to be:

  1. Fast - Apply quickly, without time-consuming forms and multiple contacts.
  2. Easy - Eliminate excessive paperwork and streamline the process.
  3. Successful - Know that DoNotPay will present the best possible case for your FMLA parental leave.

Paid leave and aren't all DoNotPay can assist you with. Our automated platform can also help you file a complaint or request sick leave when you need to.

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