Rule 55:09:04:12 Family and medical leave.
55:09:04:12. Family and medical leave.
Family and medical leave is available to an employee who has worked for twelve
months or more and who has worked 1,250 hours or more. Up to 12 weeks of sick
leave, personal leave, vacation leave, leave without pay, or any combination of
these leaves may be taken as family and medical leave. An employee may request
family and medical leave for any of the following purposes:
birth of a child of the employee and care for the newborn child;
placement of a child with the employee for adoption or foster care;
need to care for the spouse, child, or parent of the employee if the spouse,
child, or parent has a serious health condition;
serious health condition; or
qualifying exigency arising out of the fact that the employee's spouse, son,
daughter, or parent is on active duty or called to active duty status as a
member of the National Guard or another reserve component of the armed forces
of the United States in support of a contingency operation. A qualifying
exigency includes the attending of certain military events, arranging for
alternative childcare, addressing of certain financial and legal arrangements,
attending of certain counseling sessions, and attending of post-deployment
An employee who
has worked for twelve months or more and who has worked 1,250 hours may also
request family and medical leave to care for a spouse, son, daughter, parent,
or the employee's next of kin of a covered servicemember with a serious injury
or illness. A covered servicemember is anyone currently a member of the regular
armed forces, a reserve component of the armed forces, or the National Guard. A
serious injury or illness is an injury or illness incurred by a covered
servicemember in the line of duty on active duty that may render the
servicemember medically unfit to perform the duties of the servicemember's
office, grade, rank or rating and for which the servicemember is undergoing
medical treatment, recuperation, therapy, or outpatient treatment or is on the
temporary disability retired list. An employee may also take military caregiver
leave to care for a family member who sustained a qualifying injury for up to
five years after the member has been discharged from military service. Up to 26
weeks of personal leave, vacation leave, leave without pay, or any combination
of these leaves may be taken as family and medical leave for military caregiver
leave during a single 12-month period.
The use of sick
leave shall comply with SDCL 3-6C-7 and 3-6C-8. If sick leave is used for any part of the family and medical leave, the employee may be required to support the request with a statement from a medical doctor certifying the nature of the serious health condition.
Source: 39 SDR 99, effective December 3,
General Authority: SDCL 3-6C-18.
Law Implemented: SDCL 3-6C-18.
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