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South Dakota Pregnancy Laws


Posted by Courtney

Other than the two main federal laws, South Dakota Pregnancy Laws do not specifically offer job protection or benefits for new parents who work for a private company.  South Dakota state employees have no additional benefits beyond the federal Family and Medical Leave Act. 

When thinking about South Dakota Pregnancy Laws and how they apply, it may be best to look first at the federal guidelines.  The Family and Medical Leave Act (FMLA) was passed in 1993.  Today, it is one of the major laws among South Dakota Pregnancy Laws.  This federal law allows new parents, both moms and dads, to take time off after the birth or adoption of a child without fear of losing their jobs. 

The FMLA protects working women and men who have been with the same employer for at least one year and have worked for at least 1250 hours over the course of that previous year.  The FMLA only covers employees at companies with 50 or more workers. 

The first law to protect new parents was the Pregnancy Discrimination Act (PDA), an amendment to the Civil Rights Act of 1964.  Before its passage, women were routinely fired as soon as their pregnancies became apparent.  The PDA was passed in 1978 and makes it illegal for employers to fire, refuse to hire, or deny a woman a promotion because she is pregnant. 

The law also prohibits an employer from treating a pregnant woman differently than any other employee who becomes sick or temporarily disabled.  If the employer provides benefits such as paid sick days or disability, it must cover pregnancy-related disability and recovery from childbirth.  The PDA does not guarantee job protection.  It only guarantees a pregnant employee’s right to be treated the same as any other employee with a medical condition.

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