S.D. Admin. R. 55:10:09:02
An employee may be terminated or reclassified if the employee is unable to perform, with or without a reasonable accommodation, the essential functions of the employee's position. The commissioner may at any time require an employee to be examined by a physician of the commissioner's choice for the purpose of determining the employee's ability to perform the functions and duties of the position. The examination, if required by the commissioner, shall be made at the expense of the employer. An employee terminated pursuant to this section may apply for reemployment rights as provided for in § 55:10:02:09.
An employee may be compelled, with the concurrence of a medical doctor, to take leave for a temporary disability that seriously affects the quality or quantity of work performed or that endangers the health of the employee.
S.D. Admin. R. 55:10:09:02
General Authority: SDCL 3-6D-14.
Law Implemented: SDCL 3-6D-14.