South Dakota's unemployment program is smaller and faster than most states, with shorter benefit periods and lower weekly amounts
South Dakota's unemployment insurance system reflects the state's smaller population and agricultural economy. The program is administered by the South Dakota Department of Labor and Regulation, and it moves claims through faster than many states—often within two to three weeks. However, the trade-off is that weekly benefit amounts are lower than the national average, and the maximum benefit period is 16 weeks rather than the 26 weeks available in many other states.
The state does not have a separate extended benefits program that automatically triggers during recessions. When the national economy weakens significantly, South Dakota may participate in federal Extended Benefits, but this requires a formal declaration and is not may provide. Understanding this limitation matters if you are planning for a longer job search or facing a major economic downturn.
South Dakota also has no state income tax, which affects how unemployment benefits are taxed. Federal income tax is withheld from your benefits at your request, but there is no state tax to withhold. This means your net payment is slightly higher than in states with state income tax, but you may owe federal taxes when you file your return.
Key Takeaways
- South Dakota pays a maximum of 16 weeks of benefits, shorter than most states, with no automatic extended benefits program during recessions.
- Weekly benefit amounts range from $20 to $504, depending on your prior earnings, and are calculated using a formula based on your highest-earning quarter.
- You must file your claim with the South Dakota Department of Labor and Regulation, and you can file online, by phone, or in person at a local office.
- The state processes claims quickly—usually within two to three weeks—but you must report your work search activities every week to remain on benefits.
- South Dakota has no state income tax, so federal tax is the only withholding option, and you will not see a state tax deduction from your benefits.
How weekly benefit amounts are calculated in South Dakota
South Dakota calculates your weekly benefit amount based on your earnings during the highest-earning quarter of the past year. The state uses a formula that divides your highest-quarter earnings by 26 and then applies a percentage—currently 50 percent of that amount, subject to a minimum and maximum. The minimum weekly benefit is $20, and the maximum is $504 per week as of 2024, though this maximum is adjusted annually.
Your employer's history of claims also affects your rate. South Dakota uses an experience-rating system, meaning employers who have laid off many workers pay higher unemployment insurance taxes. This does not directly change your benefit amount, but it does mean that some employers may contest your claim more aggressively if they have had high claims in the past.
To receive the full amount you are may have access to to, you must have earned enough in your highest quarter to reach the maximum. If you worked part-time or had a short employment history, your weekly amount will be lower. The state provides a benefit calculator on its website where you can enter your earnings to estimate your weekly payment.
Filing a claim and meeting weekly work-search requirements
You can file your initial claim online through the South Dakota Department of Labor and Regulation website, by phone at 605-773-3101, or in person at a local office. Online filing is the fastest route and allows you to upload documents when ready. You will need your Social Security number, driver's license or ID number, and information about your most recent employer, including their name, address, and the dates you worked there.
After you file, the state contacts your employer to verify the reason for separation. If your employer disputes the claim or says you quit without good cause, the state will contact you for a phone interview. This interview is your chance to explain your side. Common reasons that result in denial are quitting without good cause, being fired for misconduct, or being self-employed (self-employed workers are not covered by South Dakota's unemployment insurance).
Once approved, you must report your work-search activities every week to remain on benefits. You can report online, by phone, or by mail. Each week you must list the employers you contacted, the date you contacted them, and the type of work you sought. South Dakota does not require a specific number of contacts per week, but you must show that you are actively searching for work. Failure to report or falsifying your report will result in denial of that week's benefits and possible overpayment recovery.
Disqualifications and reasons claims are denied
South Dakota denies claims most often for three reasons: quitting without good cause, being fired for misconduct, or not being able and available to work. "Good cause" for quitting is narrowly defined—it usually means your employer violated the law, created an unsafe condition, or substantially changed your job without your consent. Personal reasons like childcare problems, health issues, or relocation do not count as good cause unless your employer was directly responsible.
Misconduct includes willful violation of reasonable employer rules, repeated failure to follow instructions, or dishonesty. A single mistake or poor performance is usually not misconduct. If you were fired for attendance problems, the state will look at whether you had legitimate reasons for absences and whether your employer gave you a clear warning.
You are also disqualified if you are not able and available to work. This means you must be physically and mentally able to work, have reliable transportation, and be willing to accept suitable work. If you are in school full-time, caring for a child with no backup plan, or dealing with a medical condition that prevents work, you may be found not available. Partial disqualification is possible—you might lose one or two weeks of benefits rather than your entire claim.
What happens after your 16 weeks end
When your 16 weeks of benefits are exhausted, your claim ends. South Dakota does not have a state-funded extended benefits program that automatically extends your payments. However, during periods of high national unemployment, the federal government may set up the Extended Benefits program, which adds up to 13 additional weeks of federally funded benefits. This requires both a state trigger (based on South Dakota's unemployment rate) and a national trigger (based on the national unemployment rate).
If you are still unemployed when your benefits end, you have several options. You can look for work in other states and potentially file a claim there if you move and find employment. You can explore other information programs—South Dakota offers SNAP (food information), LIHEAP (heating and utility information), and Medicaid, all of which have separate income limits and process processes. The 211 helpline (dial 211 or visit 211.org) can connect you to local resources.
Some workers also pursue retraining or education during unemployment. South Dakota's Department of Labor offers information about workforce development programs and training grants, though these are separate from unemployment insurance and have their own process process and may be able to access rules.
Taxes on unemployment benefits and federal withholding
Unemployment benefits are taxable income at the federal level. South Dakota does not have a state income tax, so you will not see a state tax deduction from your benefits. However, you can request that the state withhold federal income tax from your weekly payment. The withholding rate is 10 percent of your benefit amount.
If you do not request withholding, you will receive your full weekly benefit but will owe federal taxes when you file your return. Many people choose not to withhold because they need the full payment when ready, but this means setting aside money or expecting a smaller refund. You can change your withholding election at any time by contacting the Department of Labor.
At the end of the year, the state sends you a Form 1099-G showing the total benefits you received. You must report this on your federal tax return. If you received benefits in multiple states, you will receive a separate 1099-G from each state.
South Dakota's work-sharing program for partial unemployment
South Dakota offers a work-sharing program (also called short-time compensation) that allows employers to reduce employee hours instead of laying workers off. If your employer participates, you can receive partial unemployment benefits for the hours you did not work while keeping your job and health insurance. This program is less common than regular unemployment but can be valuable during economic slowdowns when employers need to cut costs without eliminating positions.
To use work-sharing, your employer must explore to the state and have the program approved before reducing your hours. You then file a claim for the weeks your hours are reduced. The benefit you receive is a percentage of your full weekly benefit amount, based on the percentage of hours you lost. For example, if you normally work 40 hours and your employer reduces you to 30 hours, you might receive 25 percent of your weekly benefit.
Work-sharing is not widely advertised, and many employers do not know it exists. If your employer is considering layoffs, you can ask whether they have considered work-sharing. The Department of Labor can provide information to your employer about how the process works.
Frequently Asked Questions
Can I work part-time while receiving unemployment benefits?
Yes, but your earnings reduce your weekly benefit. South Dakota allows you to earn up to a certain amount before your benefits are reduced. The state does not publish a specific earnings disregard, so you should report all earnings to the Department of Labor and ask how much you can earn without losing benefits. If you earn more than your weekly benefit amount, you will not receive a payment that week.
What if my employer contests my claim?
The state will hold a phone hearing where you and your employer can present your sides of the story. You have the right to bring witnesses or documents. If you lose at the hearing, you can appeal to the South Dakota Department of Labor's appeals examiner, and then to the state's Labor Board. The entire process can take several months.
Do I need to look for work in my same field, or can I search for any job?
You must search for "suitable work," which generally means work similar to your prior job in pay and skill level. However, as time passes, the definition of suitable work broadens. After a few weeks, you may be expected to consider jobs outside your field if they are available. The Department of Labor can clarify what counts as suitable work in your situation.
What if I was laid off due to a plant closure or mass layoff?
South Dakota does not have a specific program for mass layoffs, but you are still covered by regular unemployment insurance. If many workers from the same employer file claims at the same time, the state may process them more quickly. You can also contact the Department of Labor's rapid response team to see if additional resources or training programs are available.
Can I receive unemployment while I am in school or training?
Not if you are a full-time student. Part-time students may be able to receive benefits if they are still able and available to work. You must report your school schedule when you file your claim, and the state will determine whether you meet the availability requirement. Some training programs funded by the state or federal government are exceptions and may allow you to receive benefits while training.