Sick Leave

Sick leave is an approved absence from work with pay when an employee is ill or in need of medical care.

  • Employees may use up to 6 weeks of sick leave in the first 6 months for birth or placement for adoption of a child.
  • Employees may use up to 12 weeks of sick leave in a 12 month period to care for a child, spouse, or parent with a serious health condition.
  • Employees may use sick leave to obtain services or assist immediate family members to obtain services relating to domestic violence, sex offense, stalking, or terrorizing situations. Immediate family member includes spouse, parent, child, or sibling. Supervisors may limit use to 40 hours in a calendar year. 
  • Sick leave is earned by each regular employee of the state at the standard rate of 8 hours a month.
  • Sick leave accrues on a prorated basis for a fraction of a month.
  • All accrued unused sick leave may be carried over from one year to the next.
  • If an employee transfers from one agency to another, the employee retains all accumulated, unused sick leave hours.
  • If an employee leaves the service of the state after ten continuous years of state employment, the employee must be paid for 10 percent of their accrued unused sick leave. Employment is considered continuous in the following instances if an employee is subject to a reduction in force and is reinstated within two years or if an employee is placed on voluntary leave status without pay and the leave lasts no longer than two years for educational purposes or one year for any other voluntary leave without pay.
  • If an employee leaves and returns to the service of the state within one year, the employee must be credited with the amount of sick leave hours the employee had accumulated at the time of departure, less any amount for which the employee had subsequently been paid.
  • Temporary employees do not earn sick leave.


NDCC 54-06-14
NDCC 54-52.4-03
NDAC 4-07-13