South Dakota Family and Medical Leaves of Absence Provisions for Personnel or Employee Manual or Handbook

• Category: Employment - Policies and Procedures
• State: Multi-State
• Control #: US-00557BG
• Format: Word; Rich Text

Description

The following form is a sample provision for personnel or employee manuals or handbooks regarding the Family and Medical Leave Act. South Dakota Family and Medical Leaves of Absence Provisions for Personnel or Employee Manual or Handbook: Introduction: In compliance with the state of South Dakota's regulations, [Company Name] provides comprehensive Family and Medical Leaves of Absence (FMLA) provisions in its Personnel or Employee Manual or Handbook. These provisions aim to support employees during various family and medical situations, ensuring they can balance their personal and professional lives effectively. This document will outline the different types of leaves available under South Dakota law and explain the eligibility criteria and process for requesting such leaves. Types of South Dakota Family and Medical Leaves of Absence: 1. South Dakota Family and Medical Leave Act (SD FMLA): The South Dakota Family and Medical Leave Act entitles eligible employees to take an unpaid leave of absence to care for their own or a family member's serious health condition, bond with a new child, or handle qualifying exigencies arising from military service of a family member. Employees who meet the eligibility criteria can take up to twelve weeks of leave within a twelve-month rolling period. 2. Parental Leave: In addition to the SD FMLA, eligible employees may be entitled to parental leave, which allows employees to take time off to bond with a new child following birth, adoption, or foster care placement. This leave may be separate from or concurrent with SD FMLA leave, and the total duration of the leave may extend beyond twelve weeks if both types of leave are utilized. 3. Military Caregiver Leave: Under the federal Family and Medical Leave Act (FMLA), eligible employees with a covered family member who is a current service member may be entitled to up to twenty-six weeks of unpaid leave during a single twelve-month period. This provision enables employees to care for the service member while they undergo medical treatment, recuperation, or therapy. Eligibility Criteria: To be eligible for any of the mentioned leaves, employees must meet the following criteria: — Have worked for [Company Name] for at least 12 months. — Have worked a minimum of 1,250 hours during the previous 12-month period. — Work at a location where [Company Name] has at least 50 employees within a 75-mile radius. Requesting a Leave: Employees requesting any of the mentioned leaves must submit a written request to Human Resources at least [insert company-specific timeframe] before the leave is to begin. The written request should detail the purpose, anticipated start and end dates of the leave, and any supporting documentation required, such as medical certificates or adoption/foster placement notices. Employee Rights and Benefits: During their approved leaves, eligible employees will retain the group health insurance coverage on the same conditions as if they were actively working. They may also elect to use any accrued paid leave, such as vacation or sick days, to receive compensation during an otherwise unpaid leave. Reinstatement: Upon returning from an approved leave, employees will generally be reinstated to their previous or equivalent position, with the same benefits, pay, and terms of employment. However, certain exceptions exist where reinstatement may not be feasible or under specific circumstances agreed upon between the employee and the company. Conclusion: [Company Name] understands the importance of supporting its employees through various family and medical situations. By offering these South Dakota Family and Medical Leaves of Absence Provisions, we aim to ensure a caring work environment that appreciates the personal needs and well-being of our valued team members. Employees are encouraged to familiarize themselves with these provisions and contact Human Resources for any questions or assistance related to their situation.

South Dakota Family and Medical Leaves of Absence Provisions for Personnel or Employee Manual or Handbook: Introduction: In compliance with the state of South Dakota's regulations, [Company Name] provides comprehensive Family and Medical Leaves of Absence (FMLA) provisions in its Personnel or Employee Manual or Handbook. These provisions aim to support employees during various family and medical situations, ensuring they can balance their personal and professional lives effectively. This document will outline the different types of leaves available under South Dakota law and explain the eligibility criteria and process for requesting such leaves. Types of South Dakota Family and Medical Leaves of Absence: 1. South Dakota Family and Medical Leave Act (SD FMLA): The South Dakota Family and Medical Leave Act entitles eligible employees to take an unpaid leave of absence to care for their own or a family member's serious health condition, bond with a new child, or handle qualifying exigencies arising from military service of a family member. Employees who meet the eligibility criteria can take up to twelve weeks of leave within a twelve-month rolling period. 2. Parental Leave: In addition to the SD FMLA, eligible employees may be entitled to parental leave, which allows employees to take time off to bond with a new child following birth, adoption, or foster care placement. This leave may be separate from or concurrent with SD FMLA leave, and the total duration of the leave may extend beyond twelve weeks if both types of leave are utilized. 3. Military Caregiver Leave: Under the federal Family and Medical Leave Act (FMLA), eligible employees with a covered family member who is a current service member may be entitled to up to twenty-six weeks of unpaid leave during a single twelve-month period. This provision enables employees to care for the service member while they undergo medical treatment, recuperation, or therapy. Eligibility Criteria: To be eligible for any of the mentioned leaves, employees must meet the following criteria: — Have worked for [Company Name] for at least 12 months. — Have worked a minimum of 1,250 hours during the previous 12-month period. — Work at a location where [Company Name] has at least 50 employees within a 75-mile radius. Requesting a Leave: Employees requesting any of the mentioned leaves must submit a written request to Human Resources at least [insert company-specific timeframe] before the leave is to begin. The written request should detail the purpose, anticipated start and end dates of the leave, and any supporting documentation required, such as medical certificates or adoption/foster placement notices. Employee Rights and Benefits: During their approved leaves, eligible employees will retain the group health insurance coverage on the same conditions as if they were actively working. They may also elect to use any accrued paid leave, such as vacation or sick days, to receive compensation during an otherwise unpaid leave. Reinstatement: Upon returning from an approved leave, employees will generally be reinstated to their previous or equivalent position, with the same benefits, pay, and terms of employment. However, certain exceptions exist where reinstatement may not be feasible or under specific circumstances agreed upon between the employee and the company. Conclusion: [Company Name] understands the importance of supporting its employees through various family and medical situations. By offering these South Dakota Family and Medical Leaves of Absence Provisions, we aim to ensure a caring work environment that appreciates the personal needs and well-being of our valued team members. Employees are encouraged to familiarize themselves with these provisions and contact Human Resources for any questions or assistance related to their situation.