S.D. Codified Laws § 62-6-7

Current with legislation signed by the governor on or before 3/6/2024

Section 62-6-7 - Demand for employee's work-related records-Production of records-Employee waiver of right to privacy

An employer which complies with this title shall produce, if demanded by any employer or insurer against whom an injured employee has made a workers' compensation claim, the work-related records referring to its employee available for the fifty-two weeks preceding the employee's claimed dates of injury, such as:

(1) The weeks in which the employee performed services;

(2) The earnings the employee received for the services, as defined in subdivision 62-1-1(6);

(3) Interruptions in employment if the employee was rehired or seasonally employed;

(4) Changes in the employee's grade of employment;

(5) The employee's job description; and

(6) Federal or state tax deductions.

The employer receiving this demand shall produce the employee's work-related records in ten business days, and may charge a fee for the production of the records. The fee for the production of the employee's work-related records may not exceed fifteen dollars.

An employee waives any right to privacy to these work-related records when the employee makes a claim for workers' compensation benefits and the employee consents to the release of these work-related records to the employer or insurer against which the employee is making a claim for workers' compensation benefits.

SDCL 62-6-7

SL 2016, ch 236, §5.

Added by S.L. 2016, ch. 236,s. 5, eff. 7/1/2016.