Written by a parent, not a doctor. Nothing here is medical advice.

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North Dakota program

Leave if you work for the state of North Dakota

Family leave and use of accrued sick leave for employees of the state of North Dakota.

What it is

Family leave and use of accrued sick leave for employees of the state of North Dakota.

State employment can bring leave options beyond the general federal conversation. The rules depend on your exact employer and job classification. A city, county or private employer is not the state for this statute.

Eligibility rules
  • The family-leave service test is 12 months and 1,250 hours in the preceding 12 months.
  • Political subdivisions are excluded from the statutory employer definition. Full-time HRMS-classified staff accrue eight sick-leave hours monthly.
What you get
  • Up to 12 workweeks of family leave under the state rules.
  • For classified staff, 80 hours of family sick leave plus up to 480 additional accrued hours for a serious condition.
What the help includes
  • The classified sick-leave amendment took effect July 1, 2026. The employer may require written verification of the serious condition.
  • Family leave itself need not be paid unless employer policy provides pay.
If you decide to apply
  1. Ask your HR office which state family-leave and classified sick-leave rules cover your position.
  2. Have your start date, hours worked, sick-leave balance and written employer policy ready.

Your employer’s human resources office · Official page ↗

After you ask
  • HR identifies the applicable policy, available balance and required medical verification.
Good to know

The hours come out of the sick leave you have already built up; HR can tell you your balance and how the same absence is counted under FMLA.

Other details
  • Classified state staff can use 80 hours of their sick leave for a child's illness in a year, and up to 480 more for a serious condition like leukemia. Ask HR in writing how the absence is recorded under the state law, FMLA and sick leave.
Official sources
Ask your social worker

“If my job is covered by the state rules, how much paid and protected time could I use? Could you help me compare the options and ask HR for the right leave?”

Why I’m asking: I want to understand my actual leave balance and job protection before reducing work.

More background and detailed requirements
Additional program information and published rules

Who does what

The three parts, side by side. The agency decides; nobody on this page does.

You

Ask HR in writing which leave rules apply to your job.

Your social worker

HR names the policy and the hours, and can ask for medical verification.

The care team

Records and letters when the application asks for them.

Who decides
Your employer.
Ask HR
“Does my job fall under the state employee leave chapter, is my position HRMS-classified, and how many sick-leave hours can I use for my child?”

How to apply

First step: Ask HR in writing which leave rules your job falls under, and for the sick-leave policy.

  1. Ask HR whether you are a state employee for these rules, and whether your position is HRMS-classified.
  2. Ask for the family leave and sick-leave policies in writing.
  3. Ask whether this runs at the same time as federal FMLA; North Dakota does not settle that.

Official application / program page ↗

Where it starts: Ask HR which leave rules your employer follows, and ask for the family leave and sick-leave policies in writing.

What to gather

  • Your start date and hours worked in the last year
  • Your employee handbook or policy

How long: Ask HR; there is no published state decision clock.

What a yes looks like

HR names the policy, the hours available and what verification they need.

What a no looks like, and the next move

Usually because the employer is not the state. Ask about federal FMLA instead.

Watch out

  • This covers state employment. Cities, counties and private employers are not in the statutory definition.
  • The leave does not have to be paid unless your employer’s policy says so.
  • Whether it runs alongside federal FMLA is not settled in North Dakota; ask HR.

The numbers and the rules

The arcane layer, kept on purpose. Checked September 11, 2026.

What it is worth

Eligible state employees can have 12 workweeks of family leave per 12 months. Classified staff may use 80 accrued sick hours plus up to 480 additional accrued hours per calendar year for qualifying family care.

  • $12 — Family leave for a state employee
  • $12 — Service needed
  • $1,250 — Hours worked in the preceding 12 months
  • $80 — Classified sick leave for ordinary family care
  • $480 — Additional accrued sick leave for a child’s serious condition

Legal protection: Statutory family use of employer-provided illness leave reaches 480 hours

What it costs the family: Nothing, but the leave is not required to be paid unless a policy says so.

The eligibility facts, as published

Employer
the state of North Dakota; political subdivisions are expressly outside the statutory definition
Tenure
12 months and 1,250 hours in the preceding 12 months
Classified
full-time HRMS-classified positions accrue eight hours of sick leave a month
Statute
NDCC ch. 54-52.4; NDAC ch. 4-07-13

The trap: This is not a general North Dakota law. If you work for a city, a county or a private employer, ask HR which rules your employer follows rather than assuming these apply.

Where I read this

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