Last updated: 2026-09-21.
No State MandateHow South Dakota's real statutory thresholds apply to specific employer profiles. Each section re-frames the state law above for one audience — the underlying figures never change, only the lens does.
For employers with fewer than 15 employees: South Dakota has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dlr.sd.gov/; retrieved 2026-09-21.
Size note: small businesses follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.
For employers with 50 or more employees: South Dakota has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dlr.sd.gov/; retrieved 2026-09-21.
Size note: large employers follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.
For restaurant, café, and food-service operators: South Dakota has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dlr.sd.gov/; retrieved 2026-09-21.
Industry note: restaurants & food service follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.
For retail stores, shops, and chains: South Dakota has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dlr.sd.gov/; retrieved 2026-09-21.
Industry note: retail employers follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.
For clinics, hospitals, and healthcare staffing: South Dakota has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dlr.sd.gov/; retrieved 2026-09-21.
Industry note: healthcare employers follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.
For hr teams onboarding new employees: South Dakota has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dlr.sd.gov/; retrieved 2026-09-21.
Size note: new hires & onboarding follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.
For restaurant and food-service operators with fewer than 15 employees: South Dakota has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dlr.sd.gov/; retrieved 2026-09-21.
Industry note: small restaurants (under 15 employees) follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.
For restaurant groups and chains with 50 or more employees: South Dakota has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dlr.sd.gov/; retrieved 2026-09-21.
Industry note: large restaurants & chains (50+ employees) follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.
For retail stores and shops with fewer than 15 employees: South Dakota has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dlr.sd.gov/; retrieved 2026-09-21.
Industry note: small retail (under 15 employees) follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.
For retail chains with 50 or more employees: South Dakota has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dlr.sd.gov/; retrieved 2026-09-21.
Industry note: large retail & chains (50+ employees) follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.
For clinics and healthcare practices with fewer than 15 employees: South Dakota has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dlr.sd.gov/; retrieved 2026-09-21.
Industry note: small healthcare (under 15 employees) follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.
For hospitals and healthcare systems with 50 or more employees: South Dakota has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dlr.sd.gov/; retrieved 2026-09-21.
Industry note: large healthcare systems (50+ employees) follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.
| Requirement | Detail |
|---|---|
| Statewide mandate | No |
| Employer threshold | N/A |
| Accrual rate | N/A |
| Max accrual / year | N/A |
| Paid or unpaid | n/a |
| Carryover | N/A |
| Qualified reasons | No state mandate. |
| Effective date | N/A |
| Official source | https://dlr.sd.gov/ ↗ |
South Dakota has no statewide paid sick-leave mandate for private employers. The only federal floor is the unpaid Family and Medical Leave Act (FMLA, 29 U.S.C. § 2601), which covers employers with 50 or more employees and eligible workers (1,250 hours in 12 months) for up to 12 weeks of unpaid, job-protected leave for serious health conditions. There is no federal paid sick-leave law — the COVID-19 emergency rule (FFCRA) expired and the proposed Healthy Families Act has not passed. Where South Dakota has no state law, employers may still offer leave voluntarily under their own written policy.
South Dakota borders Nebraska and Minnesota, both mandated states, but has no mandate itself. Employers with Nebraska or Minnesota workers must apply those states' rules.
| Year | Change |
|---|---|
| No 2024–2026 enactment | South Dakota did not enact a statewide paid sick-leave law in 2024–2026; employers rely on federal FMLA and their own written policies. Monitor the legislature for future proposals. |
Employers in South Dakota most often trip on the items below. Amounts are typical statutory ranges — confirm the current figure with the state labor department before acting.
| Violation | Typical penalty / fine | Note |
|---|---|---|
| No state paid-sick-leave penalty | Because there is no South Dakota mandate, there is no state-level paid-sick-leave penalty. Employers are liable only under (1) their own written policy or contract, (2) any local ordinance (none exist for sick leave in South Dakota), and (3) federal law — FMLA denial or retaliation claims and ADA accommodation leave. A promised leave policy in a handbook can be enforced as a term of employment. | The most common issue is an employer breaking its own stated policy. |
Use the button below to print or save a one-page compliance summary for South Dakota. It includes the state law table and any local ordinances above.
No. South Dakota has no statewide paid sick leave mandate. Employers may offer leave voluntarily. Some cities (see below) have their own ordinances.
Not applicable — no state law. Check local ordinances for city-level rules.
No local ordinances are tracked for South Dakota beyond the state law.
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