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Idaho Leave Laws

laws

Vacation

In Idaho, employers are not required to provide employees with vacation benefits, either paid or unpaid. ID Dept. of Labor: Labor Law Guide. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract. ID Dept. of Labor: Labor Law Guide.

The rollover policy

  •     Statutory Provisions Addressing Vacation Pay

If an employer chooses to provide paid vacation benefits, the employer must comply with the terms of its established policy or employment contract (Idaho Department of Labor: Wage & Hour FAQs).

  • Use-It-or-Lose-It Policy

The state of Idaho has no statute governing the policy.

  • Payment of Accrued Vacation on Termination

An employer must pay an accrued vacation to an employee after separation from employment if the employer’s policy or contract requires it (Ferguson v. City of Orofino, 131 Idaho 190 (1998) and Jackson v. Minidoka Irrigation Dist., 98 Idaho 330 (1977)).

Accruals

No federal or state law in Idaho requires employers to pay out an employee’s accrued vacation, sick leave, or other paid time off (PTO) at the termination of employment.

Maternity, Paternity, FMLA

In addition to the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, Idaho has the following laws regarding Maternity and Paternity Leave:

Pregnancy Disability Leave

The Idaho Human Rights Act prohibits employment practices that discriminate on the basis of sex (ID Code Sec. 67-5901 et seq.). The Act applies to private employers with 5 or more employees.

According to the Act, pregnancy-related conditions must be treated the same way as other types of temporary disabilities. The rule applies to all purposes related to employment, including leave and other benefits, including duration of leave, the availability of extensions, the accrual of seniority and other benefits while on leave, and job reinstatement.

Equal Employment Opportunity Commission’s (EEOC) Employers are not allowed to ask pregnancy-related questions during the employment interview.

Jury Duty Leave

An employer may not discharge, penalize, threaten, or otherwise coerce an employee who receives and/or responds to a jury summons or who serves on a jury. Idaho State. 2-218

An employer is not required to provide an employee with pay leave.

Bereavement Leave

No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.

Voting Leave

The state of Idaho has no voting leave statute.

Military Leave

Idaho Code §§ 46-224, 46-225, 46-407

Members of state National Guard ordered to active duty by the Governor may take up to one year of unpaid leave and are entitled to reinstatement to the former position. Returning employees may not be fired without cause for one year. Members of national guard and reserves may take up to 15 days leave per year for training; employees must give 90-days’ notice of training dates.

Regardless of military leave duration, the employee is entitled to receive vacation, sick leave, bonus, advancement, and other advantages and benefits of employment.  

An employer is not allowed to discharge a reinstated employee without cause within one year of reemployment.