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Maternity leave in South Dakota

What you get in South Dakota when you have a baby: job-protected time off, ways to get paid, and the state laws that protect you at work.

Checked October 2026 · 24 sources · Not legal advice

Short answer

South Dakota has no state paid leave program, so most new moms combine unpaid FMLA leave (12 weeks, if you qualify) with short-term disability and paid time off. South Dakota gives permanent full-time state employees with six months of continuous service up to 12 weeks of paid family leave (40 hours a week) to bond after a birth or adoption, used within a year; part-time staff get prorated hours (SDCL § 3-6C-7.1, 2020; ARSD 55:09:04:04.01, amended 2023).

South Dakota at a glance

Checked October 2026. Details and sources below.

What you get in South Dakota

South Dakota doesn't run a paid family leave program, and no federal law requires private employers to pay for maternity leave. What you can count on depends on where you work: FMLA's 12 weeks of unpaid, job-protected leave if you qualify, plus whatever your employer pays.

State disability programs in California and New York pay for 6 weeks of recovery after a vaginal birth and 8 after a C-section, longer with complications. After recovery, time off to bond with your baby is unpaid unless you use paid time off or your employer offers paid parental leave.

Sources: Electronic Code of Federal Regulations (National Archives); California Employment Development Department (EDD); New York State Workers’ Compensation Board; U.S. Department of Labor. Data as of October 2026.

A typical leave with FMLA, week by week

Vaginal birth12 weeks

C-section12 weeks

  • Recovery
  • Unpaid, job-protected
Assumes you qualify for FMLA and start leave at the birth. Recovery weeks are paid only through short-term disability or paid time off; the rest of the 12 weeks is unpaid unless your employer pays.

Do you qualify for FMLA?

You qualify if you've worked for the employer at least 12 months and 1,250 hours in the past 12 months, at a worksite where the employer has 50+ employees within 75 miles. Public agencies and schools are covered at any size.

50+

employees within 75 miles of your worksite (public employers and schools of any size)

12 mo

with your employer, not necessarily in a row

1,250

hours worked in the past 12 months, about 24 a week

12 wk

of unpaid, job-protected leave, with your health coverage kept

Sources: Electronic Code of Federal Regulations (National Archives); U.S. Department of Labor; U.S. Equal Employment Opportunity Commission

Getting paid during maternity leave in South Dakota

Your pay while you're out comes from these sources, usually in combination.

  • Short-term disability

    If your employer offers short-term disability, or you have your own policy, it can pay part of your wages while you recover from the birth. Employer plans set their own percent of pay and number of weeks, so ask HR for the plan document. How short-term disability works for pregnancy

  • Paid time off and sick leave

    No federal law requires private employers to give paid family, maternity or parental leave. FMLA leave is unpaid, though workers can use paid leave they've earned, and the Fair Labor Standards Act doesn't require pay for time not worked. Check how many PTO and sick days you'll have saved by your due date.

    Sources: Electronic Code of Federal Regulations (National Archives); U.S. Department of Labor

  • A family leave insurance policy

    No voluntary paid family leave insurance law found as of October 2026.

    Source: South Dakota Legislature

  • If you work for the state of South Dakota

    South Dakota gives permanent full-time state employees with six months of continuous service up to 12 weeks of paid family leave (40 hours a week) to bond after a birth or adoption, used within a year; part-time staff get prorated hours (SDCL § 3-6C-7.1, 2020; ARSD 55:09:04:04.01, amended 2023).

    Source: South Dakota Legislature

  • If you're a federal employee

    Federal civilian employees covered by title 5 FMLA can get up to 12 weeks of paid parental leave for each birth or adoption/foster placement on or after Oct. 1, 2020, used within 12 months after the birth or placement. It requires 12 months of qualifying federal service and is separate from sick and annual leave.

    Source: U.S. Office of Personnel Management

Your rights at work in South Dakota

State laws on leave, pregnancy accommodations and pumping, checked October 2026. Federal law (FMLA, the Pregnant Workers Fairness Act and the PUMP Act) applies on top of these.

Guides

Paternity leave in South Dakota

South Dakota has no law that pays fathers or partners for bonding leave. If they qualify, FMLA gives them up to 12 weeks of unpaid, job-protected leave to care for the newborn, under the same rules as moms. Employer paid parental leave and paid time off are the usual ways to get paid.

State employees: South Dakota gives permanent full-time state employees with six months of continuous service up to 12 weeks of paid family leave (40 hours a week) to bond after a birth or adoption, used within a year; part-time staff get prorated hours (SDCL § 3-6C-7.1, 2020; ARSD 55:09:04:04.01, amended 2023).

Sources: Electronic Code of Federal Regulations (National Archives); South Dakota Legislature

12 wk

unpaid, job-protected FMLA leave for an eligible father or partner

$0

paid by South Dakota law to a father or partner

Your maternity leave, step by step

  1. During pregnancy

    Ask HR for the leave policy, the short-term disability plan document, and whether you qualify for FMLA. Tell your employer your expected dates as early as you can, and check how much paid time off you'll have.

  2. From the birth: recovery

    File your short-term disability claim if you have coverage. California's and New York's disability programs count 6 weeks of recovery after a vaginal birth and 8 after a C-section; your provider can certify more for complications.

  3. To week 12: bonding

    FMLA's job protection runs 12 weeks in all. After recovery, this time is unpaid unless you use paid time off or your employer pays parental leave.

  4. Back at work

    If you're pumping: No state lactation-at-work law found as of October 2026. Federal PUMP Act rules apply.

Questions about maternity leave in South Dakota

How long is maternity leave in South Dakota?

No South Dakota law requires paid maternity leave. If you qualify for FMLA, you get up to 12 weeks of unpaid, job-protected leave. How much of that time is paid depends on your short-term disability coverage, your saved paid time off and your employer's own leave policy.

Does South Dakota have paid family leave?

No. South Dakota has no paid family leave program and no law on family leave insurance, so pay during leave comes from your employer.

Do I qualify for FMLA?

You qualify if you've worked for the employer at least 12 months and 1,250 hours in the past 12 months, at a worksite where the employer has 50+ employees within 75 miles. Public agencies and schools are covered at any size.

Does South Dakota require pregnancy accommodations at work?

No state pregnancy accommodation law found as of October 2026. Federal Pregnant Workers Fairness Act rules apply. The Pregnant Workers Fairness Act requires employers with 15 or more employees to provide reasonable accommodations for limitations related to pregnancy, childbirth or related conditions unless it causes undue hardship. EEOC lists leave for health care appointments and leave to recover from childbirth as examples. It doesn't require the leave to be paid.

Is there paternity leave in South Dakota?

South Dakota has no law that pays fathers or partners for bonding leave. If they qualify, FMLA gives them up to 12 weeks of unpaid, job-protected leave to care for the newborn.

Do South Dakota state employees get paid parental leave?

South Dakota gives permanent full-time state employees with six months of continuous service up to 12 weeks of paid family leave (40 hours a week) to bond after a birth or adoption, used within a year; part-time staff get prorated hours (SDCL § 3-6C-7.1, 2020; ARSD 55:09:04:04.01, amended 2023).

More for new parents in South Dakota

Sources

  1. 1.State Family and Medical Leave Laws (updated November 7, 2025) National Conference of State Legislatures. Accessed October 9, 2026.
  2. 2.State paid family and medical leave contributions and benefits (Feb. 6, 2026) Mercer Law & Policy Group. Accessed October 9, 2026.
  3. 3.State Paid Family & Medical Leave Insurance Laws (chart, April 2026) National Partnership for Women & Families. Accessed October 9, 2026.
  4. 4.The United States Leave Law Report, Vol. 12 (July 28, 2026) Tilt. Accessed October 9, 2026.
  5. 5.Bills, 2026 session (session 71) via the Legislature's public API South Dakota Legislature. Accessed October 9, 2026.
  6. 6.29 CFR 825.110 Eligible employee Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  7. 7.State Pregnant Workers Fairness Laws (updated Dec. 1, 2025) A Better Balance. Accessed October 9, 2026.
  8. 8.SDCL ch. 20-13: Human Relations South Dakota Legislature. Accessed October 9, 2026.
Show all 24 sources
  1. 9.2025 Session bill list South Dakota Legislature. Accessed October 9, 2026.
  2. 10.SDCL Title 60: Labor and Employment (chapter list) South Dakota Legislature. Accessed October 9, 2026.
  3. 11.ARSD ch. 55:09:04: Leaves of absence (incl. 55:09:04:04.01, paid family leave) South Dakota Legislature. Accessed October 9, 2026.
  4. 12.SDCL § 3-6C-7.1: Paid family leave (state employees) South Dakota Legislature. Accessed October 9, 2026.
  5. 13.HB 1151 (2023) 'create the South Dakota paid family leave program': action log South Dakota Legislature. Accessed October 9, 2026.
  6. 14.29 CFR 825.100 The Family and Medical Leave Act Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  7. 15.29 CFR 825.104 Covered employer Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  8. 16.29 CFR 825.200 Amount of leave Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  9. 17.29 CFR 825.214 Employee right to reinstatement Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  10. 18.Family and Medical Leave Act (FMLA) U.S. Department of Labor. Accessed October 9, 2026.
  11. 19.What You Should Know About the Pregnant Workers Fairness Act U.S. Equal Employment Opportunity Commission. Accessed October 9, 2026.
  12. 20.The Pregnant Workers Fairness Act (42 U.S.C. 2000gg) U.S. Equal Employment Opportunity Commission. Accessed October 9, 2026.
  13. 21.Vacation Leave U.S. Department of Labor. Accessed October 9, 2026.
  14. 22.Fact Sheet: Paid Parental Leave U.S. Office of Personnel Management. Accessed October 9, 2026.
  15. 23.Disability Insurance – Pregnancy FAQs California Employment Development Department (EDD). Accessed October 9, 2026.
  16. 24.Introduction to the Disability Benefits Law (employee disability benefits) New York State Workers’ Compensation Board. Accessed October 9, 2026.

Maternity leave in other states

No state program

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