South Dakota Maternity Laws
South Dakota does not have any form of state level maternity leave.
Instead South Dakota relies on federal maternity laws to regulate time.
The Family and Medical Leave Act of 1993 stipulates all maternity leave
necessities for South Dakota as well as thirty-eight other states.
Under federal laws employees are given twelve weeks of unpaid leave
every year, but the employees must meet the necessary requirements,
including the amount of earned wages and worked hours, prior to going
All requirements must be met the previous year. If a woman has
experience pregnancy complications or childbirth complications, she is
entitled to a maternity leave extension. The federal Pregnancy
Discrimination Act stipulates that employers offering other forms of
leave benefit must also provide maternity leave benefits. Equally,
employers who do not offer any form of leave benefits are also not
required to provide maternity leave benefits, according to South Dakota
South Dakota Employee Discrimination
In South Dakota discrimination of gender does not only include the
discrimination of women but also men. Discriminating circumstances and
hostile working environments are handled by the EEOC. The EEOC handles
all discrimination in the workplace throughout the United States. The
EEOC can help individuals receive settlements from gender
discrimination and disability discrimination. Mockery also falls under
In 2000 the government passed the Americans with Disabilities Act that
protects individuals from working in hostile environments. The
disability act does not ensure that those with disabilities will
automatically be hired for employment but does ensure proper mannerisms
Complaints to the EEOC can result in an employer paying thousands to
hundreds of thousands of dollars in compensation. Discriminating
circumstance claims cannot be raised if an individual is not given a
salary raise based on merit and personal performance.
South Dakota Workers' Compensation
Employers are liable to provide compensation through the South Dakota
Workers' Compensation Law and Workers' Compensation Act. If an
individual acquired a disease while working or a spouse or parent
passed while working, a compensation claim can be filed to the
Department of Labor. A claim must be filed within two years of the
incident in order for compensation to be legally sought.
Disability compensation is filed differently than death compensation.
If an employee dies while on the job or due to an illness received
through employment, a lump sum will be received. If the individual
received workers' compensation prior to death, the compensation
received will be subtracted from the lump sum of the death benefit.
According to the South Dakota Workers' Compensation Laws employers are
required to insure all employees via individual employers, groups of
employers, or private carriers. Farm labors will receive workers'
compensation and insurance from agriculture employers while
participating and operating on grain confines, threshing machines, corn
huskers, corn shelters, seeders, seed hullers, and silage cutters. All
domestic employees who work more than twenty hours a week and more than
six weeks in any thirteen-week time period are also subject to South
Dakota Worker's Compensation Laws. Compensation amounts vary depending
on the circumstances of the accident or death.