Human Resource Blog

FMLA in South Dakota

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Who is covered in our company by the FMLA if we are in South Dakota?

Many employees in South Dakota are covered by the Family and Medical Leave Act. When an employee is covered by the Act, the employee may be able to take up to 12 weeks off of work each year in order to tend to a qualifying medical condition, such as a an illness or an injuring. When the employee returns to work at the end of this period of leave, the employee should be able to return to have the same job or an equivalent job as the one that he or she left.

Many employees qualify for time off under the Act. However, in order to ensure that an employee gets time off under the Act, the employee should work for a company that is covered. A covered company is one that has at least 50 employees that work within a 75-mile radius of the employee that wishes to take the time off. Then, in order to qualify for the time off, the employee should have worked for that covered company for at least 1,250 hours out of the previous year.

When an employee returns to work, not only should he or she have the same job as the one he or she had before, but the employee should also receive the same salary and benefits as those that he or she had before taking the FMLA time off. Also, the employer should not discriminate against any employee that has taken FMLA time off.

Employees may be able to take FMLA time off for the following reasons:

·         To care for their own health

·         To care for the health of a spouse

·         To care for a child, as long as the child is under the age of 18

·         To care for a parent, as long as the parent is a biological parent and the employee is over the age of 18

·         For the birth of a child

·         After a child has been adopted or taken in through foster care CB