AbsentEase
South Dakota sick leave law & call-off rules
South Dakota is nearly regulation-free on attendance — no sick leave, no breaks at any age, policy-controlled PTO — and it's one of the only states that lets you hold the final paycheck until company property comes back. Just don't treat the Dakotas as twins: voting leave is paid here, and the vacation rules differ sharply from North Dakota's. Here is what applies in 2026.
South Dakota at a glance
| Paid sick leave mandate | None |
|---|---|
| Final paycheck | Next payday — but may be withheld until company property is returned |
| Voting leave | Up to 2 consecutive hours paid |
| Jury duty | Protected from discharge or suspension — paid or unpaid at the employer's discretion |
| PTO at termination | Policy controls entirely |
| Employment relationship | At-will by statute (SDCL 60-4-4) |
| Meal & rest breaks | None at any age |
Is paid sick leave required in South Dakota?
No. South Dakota has no sick leave requirement. It has no explicit preemption statute either — but no municipality has attempted an ordinance, so your written policy plus the federal floor governs statewide.
The federal floor that still applies
FMLA
Employers with 50+ employees within 75 miles must give eligible employees (12+ months tenure, 1,250+ hours in the past year) up to 12 weeks of unpaid, job-protected leave for a serious health condition — their own or a close family member's. FMLA-protected absences can't accrue attendance points, and a call-off that mentions an ongoing condition can be notice enough to trigger your FMLA obligations, even if the employee never says "FMLA."
ADA
For employers with 15+ employees, the ADA can require modified attendance expectations or unpaid leave as a reasonable accommodation for a disability. An attendance policy applied "no exceptions" is exactly the kind that loses ADA cases — build an accommodation carve-out into the policy itself.
FLSA overtime and attendance bonuses
A cash bonus promised in advance for good attendance counts as wages under federal overtime law. It has to be added into the regular rate for the weeks it covers, so any of those weeks over 40 hours owes extra overtime on the bonus, usually recalculated after the bonus is paid. State overtime law can add to this, but can't go below it. See how attendance bonuses change overtime pay.
Call-offs, no-call no-shows, and firing in South Dakota
South Dakota is at-will by statute with narrow public-policy exceptions (workers' comp retaliation, refusing unlawful acts) and handbook implied-contract risk. Attendance enforcement is essentially unconstrained by state law — the federal floor and your own written promises are the boundaries. The distinctive exit mechanic is the property-return rule: for field crews carrying company phones and tools, the final check can lawfully wait for the gear, which makes an orderly separation checklist worth having. Wage claims go to the Department of Labor and Regulation. A call-off hotline or text-based call-off system keeps the absence history that carries whatever dispute follows.
After a no call, no show termination in South Dakota
| Does South Dakota law define job abandonment? | No statute or regulation defines job abandonment; it is set by employer policy. (SDCL §§ 61-6-9, 61-6-9.1, 61-6-14, 61-6-14.1) |
|---|---|
| Final paycheck if you treat it as a discharge | When the employer separates an employee from the payroll, unpaid wages or compensation are due not later than the next regular stated payday for which those hours would normally have been paid, or as soon thereafter as the employee returns all of the employer's property in the employee's possession. (SDCL § 60-11-10) |
| Final paycheck if you treat it as a resignation | When an employee without a written contract for a definite period quits or resigns (with or without notice; the statute draws no distinction), wages earned are due not later than the next regular stated payday for which those hours would normally have been paid, or as soon thereafter as the employee returns all of the employer's property. (SDCL § 60-11-11) |
| Accrued PTO at separation | No state requirement; owed only if your written policy promises it. No South Dakota statute addresses payout of accrued vacation or PTO; SDCL §§ 60-11-10 and 60-11-11 speak only of 'wages or compensation', and the Department of Labor and Regulation's termination page repeats that language without mentioning vacation, so payout is governed by the employer's own policy or agreement. (No statute; see SDCL §§ 60-11-10, 60-11-11 (wages or compensation only)) |
| Unemployment claims | A claimant who left the most recent employment voluntarily without good cause is denied benefits until reemployed at least six calendar weeks in insured employment earning at least the weekly benefit amount each week (SDCL § 61-6-9; good cause is limited to the situations listed in § 61-6-9.1); discharge for misconduct carries the same requalification requirement (§ 61-6-14), and 'misconduct' is defined to include failure to obey orders, rules or instructions and substantial disregard of the employer's interests (§ 61-6-14.1). |
If a state agency later treats a "resignation" as a discharge, the discharge deadline governs, so pay by the earlier of the two when in doubt. Document each step with the no call, no show write-up and termination letter templates, which fill in South Dakota's final-pay rule.
Write a no call, no show policy that fits South Dakota
Start from our no call, no show policy guide and free template, or let the generator turn nine quick questions into a signature-ready policy with South Dakota already selected so the protected-leave section covers the federal FMLA and ADA rules that still apply here.
PTO payout and final paychecks
| Scenario | Rule | Source |
|---|---|---|
| Employee is fired or laid off | Next regular payday — with the option to withhold until employer property (phones, tools, keys) is returned | SDCL 60-11-10 |
| Employee quits | Same rule, same property-return exception | SDCL 60-11-11 |
| Unused vacation / PTO | Policy or agreement controls — no payout statute | — |
| Practical note | Withholding is a bridge until property returns, not a forfeiture — pay promptly once it's back | — |
The property-return lever is unique but narrow — it delays payment, never cancels it. See how PTO accrual works.
Leave South Dakota employers must (and must not) provide
| Leave type | Required? | Notes |
|---|---|---|
| Voting | Yes — paid | Up to 2 consecutive hours if the employee lacks 2 free hours while polls are open; employer may set the time (SDCL 12-3-5) |
| Jury duty | Yes — pay optional | Discharge or suspension over jury service is barred (SDCL 16-13-41.1); leave may be with or without pay at the employer's discretion (SDCL 16-13-41.2) |
| Military | Yes | USERRA (federal) plus South Dakota National Guard protections |
| Sick leave | No | Whatever your written policy provides |
| Meal & rest breaks | No | None required at any age |
The South Dakota employer's attendance playbook
- Put it in writing. A written policy — call-off deadline and channel, points or steps, the no-call no-show rule, and carve-outs for legally protected absences — is what makes discipline defensible. Our attendance policy guide walks through it.
- Give call-offs one channel. "Tell whoever answers" is how records get lost. One number every employee texts or calls makes the record automatic.
- Log everything with timestamps. Unemployment hearings and discrimination charges are won on contemporaneous records, not recollections.
- Enforce consistently. Uneven enforcement converts a lawful termination into a discrimination claim.
- Screen call-offs for protected reasons before applying points — sickness that could be FMLA/ADA territory gets a different track than an overslept alarm.
Comparing states? See all published guides on the state sick leave laws hub.