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

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South Dakota program

Time off for state staff (sick and donated leave)

South Dakota state employees can use qualifying sick leave and may receive donated leave for a child’s serious illness.

What it is

South Dakota state employees can use qualifying sick leave and may receive donated leave for a child’s serious illness.

State employment brings a separate set of leave rules. Sick leave can cover a family member’s illness, and donated leave has additional conditions. HR checks service time, remaining leave and the medical certificate.

Eligibility rules
  • Donated leave requires a permanent state position held for at least one year.
  • The child must be terminally ill or have a life-threatening illness or injury, supported by a physician’s certificate.
  • Your own leave benefits must be exhausted, and the commissioner’s written approval is required.
What you get
  • Sick leave for a qualifying family illness.
  • Donated leave for eligible state employees after their own leave benefits are exhausted.
What the help includes
  • Donated leave together with federal family and medical leave has a combined ceiling of 12 weeks a year.
If you decide to apply
  1. If you want to request leave, ask your agency’s HR office for the sick-leave and donated-leave requirements.
  2. Ask your child’s doctor for the medical certificate HR requires. Have your leave balances ready.

The Bureau of Human Resources and Administration, with the commissioner's approval · Official page ↗

After you ask
  • Your employing agency and the commissioner decide the request. HR can explain how each part of the absence is recorded.
Good to know

These rules cover state employees. Schools, cities and counties have their own employment policies.

Other details
  • South Dakota does not require private employers to offer paid leave. Employer policy and federal FMLA may still provide options.
Official sources
Ask your social worker

“If my job is covered by the state employee rules, could sick or donated leave help? What are the benefits and drawbacks, and could you help me prepare a request for HR?”

Why I’m asking: I want to understand whether available leave could protect income while I care for my child.

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 and get the doctor's certificate.

Your social worker

The oncology social worker can supply the clinical letter.

The care team

The doctor certifies the child's condition for donated leave.

Who decides
The employing agency and the commissioner
Ask HR
“I am a state employee. Can I use sick leave for my child's illness, and can I receive donated vacation leave once mine is gone?”

How to apply

First step: Ask HR in writing what leave you have for a child's illness.

  1. Ask HR in writing what sick leave can be used for a family member's illness.
  2. If your own leave is nearly gone, ask about donated leave and what certificate is needed.
  3. Whatever the employer, ask about federal family and medical leave at the same time.

Official application / program page ↗

Where it starts: Ask your HR office in writing, with the doctor's certificate.

What to gather

  • A doctor's certificate about your child's condition
  • Your leave balance

How long: No published decision clock; the commissioner approves donated leave.

What a yes looks like

Approved paid leave, and donated hours added once your own are used.

What a no looks like, and the next move

Ask which condition was not met, and ask about federal family and medical leave instead.

Watch out

  • Only state employees; South Dakota has no law requiring paid leave in the private sector.
  • Donated leave plus federal family and medical leave is capped at twelve weeks a year.
  • Schools, cities and counties are outside these rules; ask that employer directly.

Dates that change this

2026-01-01: South Dakota's own labour publication says there is no law requiring paid leave and that it is a matter of employer policy. No private-sector family or medical leave entitlement, and no local sick-leave rule, was found. Federal FMLA is the route for most parents.

The numbers and the rules

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

What it is worth

Sick leave for a family member's illness, and up to twelve weeks a year counting donated leave.

  • $12 — Combined annual ceiling on donated leave plus federal family and medical leave

Legal protection: Sick leave may be granted for the illness, health care needs or temporary care of the employee's immediate family · A permanent state employee of at least one year may receive donated vested vacation leave when a child is certified terminally ill or suffering a life-threatening illness, after their own leave is exhausted

What it costs the family: Nothing.

The eligibility facts, as published

Employment
employed by the state of South Dakota; a permanent position held for at least one year for donated leave
Medical
for donated leave, a physician's certificate that the child is terminally ill or suffering a life-threatening illness or injury
Conditions
the employee must have exhausted all their own leave benefits and have the commissioner's written approval

Decisions this site cannot make: The commissioner's approval for donated leave

Expect friction on: Only state employees; South Dakota has nothing like this for a private-sector parent

The trap: Donated leave is not an extra bank on top of everything else. It stops once donated leave plus other leave taken under the federal family and medical leave law passes twelve weeks in a year, or when the child recovers, or five days after a death.

Where I read this

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