STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

March 18, 1974

Dr. Thomas Kilian, Secretary
Department of Education and Cultural Affairs
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 74-10

Certificated employees of school districts may use sick leave for maternity purposes.

Dear Dr. Kilian:

You have submitted the following factual situation:

A school district has established a policy of allowing unused sick leave provided for in SDCL 13-10-10 to accumulate to thirty (30) days.

You have requested an opinion on the following specific question:

May sick leave be used for maternity purposes?

SDCL 13-10-10 reads as follows:

The board of education of any public school district in South Dakota shall provide a minimum of ten days sick leave with full pay per contract year for all certificated employees of such district, and each such board of education shall provide its own policy for accumulation of sick leave.

It is my opinion that the answer to your specific question is, YES.

Respectfully submitted,

Kermit A. Sande
Attorney General