I work for a LLC, chiropractic clinic. I am a non-exempt, hourly paid employee. I am getting on AFLAC for short term disability. I do not take part in the medical insurance the clinic offers. I am covered by my husband's medical insurance. Our clinic policy states they offer for maternity basically what "state/federal law requires" them to offer.

When the office manager went on maternity leave, they would call & beg her back so she returned after only 5 weeks.

My question is this...I just started there in May, '05. My husband & I are trying to start a family. If I got pregnant this month, I would not hit the 12 mo period required for FMLA. My AFLAC would cover so I would have paid time off for maternity. Because I would not qualify for FMLA, they would not be required to hold my job....right?

In South Dakota they are not required to give breaks or lunches. We typically get an hour lunch (not paid) and no other breaks during the day. What is the law on a breast-feeding mother???

Please advise...

Since FMLA does not apply and since South Dakota does not have any mandated medical leave at the state level, you are correct; they would not have to hold your job.

If you are asking whether or not the law in South Dakota requires that you be provided with a break for the purpose of breastfeeding, it does not.