Military and Emergency Services Leave Law Summaries
South Dakota, Military and Emergency Services Leave Law Summaries
South Dakota's military leave law is located in the South Dakota Codified Laws at Title 3, Chapter 3-6 (for full text, see Wages-Hours ¶43-58,004 ); and at Title 33, Chapter 33-17 (for full text, see Wages-Hours ¶43-58,001 ). Disaster services leave is located at Title 3, Chapter 6.
COVERAGE
Both private and public employers are covered by South Dakota's military leave law.
WHAT THE EMPLOYER MUST DO
Military leave
If any member of the South Dakota National Guard is ordered to active duty service by the Governor of the State of South Dakota or the President of the United States, the member has all protections afforded to persons serving on federal active duty by the Servicemembers Civil Relief Act, and by the Uniformed Services Employment and Reemployment Rights Act (Sec. 33-17-15.1, as amended by H. 1003, L. 2007).
Public employees.- All officers and employees of South Dakota, or its political subdivisions or municipalities organized and existing under the general laws of South Dakota, or any person who is a duly qualified member of the reserve component of the armed forces, who is a member of the ready reserve, or who is a member of an organized unit, and who, in order to receive military training with the armed forces of the United States not to exceed 15 days in any one calendar year, or who in order to perform active service in the South Dakota national guard in the service of this or any other state, leaves a position other than a temporary position in the employ of any employer, is entitled to be restored to their previous or a similar position with the same status, pay, and seniority. Reemployment is on the condition that the employee gives notice of the date of departure and, to the extent reasonably possible, of the date of return prior to the date of departure. Employees also must give evidence of the satisfactory completion of such training or duty immediately thereafter and must still be qualified to perform the duties of such position. Seniority must continue to accrue during such period of absence for military training or duty, and such period of absence is to be considered as an absence with leave. Within the discretion of the employer, said leave may be with or without pay (Sec. 3-6-22).
Any employee of the state who, as a member of the South Dakota National Guard or any other reserve component of the armed forces of the U.S., is ordered into Title 10 and Title 32 service, after January 1, 2002, other than for training purposes, shall receive the difference between the employee's state salary or wage rate at the time the employee was activated and the employee's military salary and allowances for the time the employee is engaged in such active federal service. The salary or wage difference shall be paid on at least a quarterly basis (Sec. 3-8-14).
Emergency services leave
Disaster services leave.- Any employee of the state of South Dakota who is a certified disaster service volunteer of the American Red Cross may be granted leave from work with pay not to exceed 10 days in any one calendar year to participate in disaster relief services for the American Red Cross during a state declared disaster, upon the request of the American Red Cross for the services of the employee and upon approval of that employee's appointing authority. However, no state employee who is needed by the employee's appointing authority to perform job-related disaster services may be granted this leave. The appointing authority must compensate an employee granted leave under this section at the employee's regular rate of pay for regular work hours during which the employee is absent from work (Sec. 3-6-31).
Any absence approved for disaster service volunteers does not affect the employee's right to receive normal vacation, sick leave, bonus, advancement and other advantages of employment (Sec. 3-6-32).
<p>Any absence approved for disaster service volunteers does not affect the employee's right to receive normal vacation, sick leave, bonus, advancement and other a</p>
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