Signed by Governor Kristi Noem

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes paid family leave policies for state employees.

Highlights:

• Requires each permanent employee to earn up to 120 hours of vacation leave per full year of employment (Sec. 1).

• Requires that a permanent employee with more than 15 years of employment earn up to 160 hours of vacation leave per full year of employment (Sec. 1).

• Specifies that vacation leave will be accrued on an hourly, biweekly, semimonthly, or monthly basis as determined by the human resources commissioner (Sec. 1).

• Specifies that vacation leave is cumulative only to the extent of that which may be earned in a period of time not exceeding 2 years of regular and continuous state employment, and may not be advanced to an employee at any time (Sec. 1).

• Requires each permanent employee to earn up to 112 hours of sick leave per full year of employment (Sec. 3).

• Specifies that sick leave will be accrued on an hourly, biweekly, semimonthly, or monthly basis as determined by the human resources commissioner and will accumulate without limit as to the number of hours of such accumulation (Sec. 3).

• Requires the use of sick leave to be supported by a medical certificate upon the request of the human resources commissioner (Sec. 3).

• Specifies that an employee is not entitled to more than the employee’s accrued sick leave without first using all of the employee’s accumulated vacation leave (Sec. 3).

• Requires each permanent employee who has been employed by the state for a continuous period of 6 months to be entitled to paid family leave following the birth of a child or placement of a child for adoption (Sec. 4).

• Authorizes a permanent employee to donate accrued vacation leave to another permanent employee who meets all of the following criteria (Sec. 5):

• The recipient employee will use the donated leave to care for the recipient employee’s spouse, child or parent who is terminally ill; 

• The recipient employee’s spouse, child, or parent is suffering from a life-threatening illness or injury which has been certified by a licensed physician as having a significant likelihood of terminating fatally; and

• The recipient employee has exhausted all accrued vacation and sick leave.

• Specifies that the total paid leave, including the donated vacation leave, may not exceed 12 weeks annually per recipient employee (Sec. 5).

• Authorizes the commission to create rules to further define and administer the types of leave permitted to be taken as sick leave, vacation leave, paid family leave, and leave of absence, including (Sec. 6):

• Child care; 

• Jury duty; 

• Military service; 

• Maternity; 

• Education; and 

• Other fringe benefits.

Full Bill Text