South Dakota--Laws Relating to Pregnancy


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Prohibitions against Pregnancy Discrimination

An employer may not discriminate based on sex. Sex discrimination may include pregnancy discrimination.

For the text of the statute, click here.[1] For more information, click here.[2]

Pregnancy Accommodation

South Dakota does not provide additional protections to the federal law.

Pregnancy-related Disability Accommodation

South Dakota does not specifically accommodate pregnancy or its attendant medical conditions as a disability.

Breastfeeding Rights

South Dakota does not provide women an affirmative right to breastfeed at work.

Family and Childcare Leave Laws

State employees are entitled to fourteen days leave of absence for sickness without loss of pay for each year the employee is in the employment of the state. Leave of absence for sickness may be advanced to an employee who has been in regular and continuous employment of the state for at least one full year if the employee has used up all of the employee's earned leave of absence for vacation and sickness. Employees may take an approved leave of absence without pay.

For the text of the statute, click here.[3]

In the case of an insurance policy covering disability arising out of pregnancy, childbirth, or miscarriage, the maximum benefit period may be one month, except if the plan is an employer plan with fifteen or more employees, then the maximum benefit period for pregnancy, childbirth, or miscarriage may not be less than the maximum benefit period for other covered disabilities.

For the text of the statute, click here.[4]

For the federal Pregnancy Discrimination Act, click here.

For the federal Family and Medical Leave Act, click here.

For further information on your pregnancy rights, contact Legal Momentum.

Copyright 2013 Legal Momentum

[1] S.D. Codified Laws § 20-13-10

[2] S.D. Admin. R. 20:03:09:12

[3] S.D. Codified Laws § 3-6C-7-9

[4] S.D. Codified Laws § 58-17-111