There is no North Dakota sick leave law for private employers: no North Dakota law requires paid sick leave; the employer’s own policy or a union contract controls, and the federal FMLA gives up to 12 weeks of unpaid, job-protected leave at employers of 50 or more.
This guide gives the exact north dakota sick leave law rule with the date we verified it, the statute, and what to do next. Rules verified against North Dakota Department of Labor and Human Rights on 2026-10-08; confirm the current rule with North Dakota Department of Labor and Human Rights or an attorney before you rely on it.
North Dakota Sick Leave Law at a Glance
| Law | No state paid-sick-leave mandate |
| What applies instead | The employer’s policy; the federal FMLA (unpaid, employers of 50 or more) |
| Statute | No statute |
In This North Dakota Sick Leave Law Guide:
North Dakota Sick Leave Law: The Rule
No North Dakota law requires paid sick leave; the employer’s own policy or a union contract controls, and the federal FMLA gives up to 12 weeks of unpaid, job-protected leave at employers of 50 or more. Many employers offer sick days anyway; once promised in a written policy, they are enforceable as part of your pay.
What North Dakota Sick Leave Law Lets You Use Leave For
North Dakota has no state law that requires private employers to provide paid or unpaid sick leave, so whether you get sick time, and what you can use it for, depends on your employer’s policy, contract or union agreement.
If you qualify under the federal Family and Medical Leave Act (FMLA), you may take unpaid, job-protected leave for your own serious health condition, to care for a spouse, child or parent with a serious health condition, or for the birth or placement of a child. FMLA applies only to covered employers and eligible employees, so confirm your eligibility with the U.S. Department of Labor.
North Dakota Sick Leave Law at a Glance
Rules verified against North Dakota Department of Labor and Human Rights on 2026-10-08; confirm the current rule with North Dakota Department of Labor and Human Rights or an attorney before you rely on it. The statute row is where to check it yourself.
| Law | No state paid-sick-leave mandate |
| What applies instead | The employer’s policy; the federal FMLA (unpaid, employers of 50 or more) |
| Statute | No statute |
Accrual, Caps and Carryover Under North Dakota Sick Leave Law
For leave an employer offers voluntarily, the employer’s written policy generally sets the notice and documentation rules, and employers are expected to apply that policy consistently. For FMLA leave, the employer may generally require 30 days’ advance notice when the need is foreseeable (or notice as soon as practicable when it is not) and may ask for a medical certification from a health care provider.
Paid or Unpaid Under North Dakota Sick Leave Law
Unpaid unless the employer promises pay; the FMLA is unpaid by design.
North Dakota Sick Leave Law and Retaliation
North Dakota has no state sick-leave law, so it has no state anti-retaliation rule specific to sick leave. Federal FMLA prohibits employers from interfering with protected leave or retaliating against a worker for using it. Separately, the North Dakota Human Rights Act prohibits disability discrimination, which may apply in some leave-related situations.
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Local Rules and North Dakota Sick Leave Law
Some cities add their own paid-leave ordinance on top of state law; the more generous rule applies.
Other North Dakota Sick Leave Law Rules to Know
Collective bargaining agreements can modify the rules, and new laws usually take effect on January 1 — check the effective date on this page.
Denied the leave you earned? The labor department enforces the sick-leave law for free.
North Dakota — the bottom line
- The north dakota sick leave law does not exist for private employers — the handbook and the federal FMLA are the rules.
- Under the north dakota sick leave law promised sick days in a written policy are still enforceable pay.
- The north dakota sick leave law question is answered by your employer policy, not the statute book.
Frequently Asked Questions
Is paid sick leave required in North Dakota?
No. North Dakota has no paid-sick-leave mandate for private employers.
How much sick leave do I get under North Dakota sick leave law?
Whatever the employer’s policy provides.
Which employers are covered by the North Dakota sick leave law?
No employer is required to provide it.
Can I be fired for using sick leave in North Dakota?
North Dakota has no state sick-leave law, so it has no state anti-retaliation rule specific to sick leave.
When did the North Dakota sick leave law take effect?
There is no such law.
Official North Dakota Sources & Resources
- North Dakota Department of Labor and Human Rights: https://www.nd.gov/labor/wage-hour
- Verified source: https://marketingpreview.mercer.com/content/dam/mercer-dotcom/migrated-assets/blogs/law-and-policy/2025/07/pdf-2025-roundup-state-accrued-paid-leave-mandates.pdf
- Verified source: https://www.ep.com/legal-and-compliance/sick-and-paid-leave-laws-update/
- Verified source: https://www.hubinternational.com/en-us/hub-resources/absence-management-bulletins/2025/11/2025-2026-state-leave-law-updates/
- Verified source: https://www.postercompliance.com/blog/paid-sick-leave-laws-by-state/
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This north dakota sick leave law guide was last verified against official North Dakota sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More North Dakota Workplace Rights Guides
- North Dakota PTO Laws: Is Unused Vacation Paid Out?
- North Dakota Break Laws: Meal and Rest Breaks
- North Dakota Labor Laws: Every Rule in One Place
- North Dakota Unemployment Eligibility: Who Qualifies
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.