Idaho Leave Laws & What an Employer Is Required To Do

If you need to take time off from your job, what protections are in place for you? Whether you have welcomed a new addition to your family or are nursing an injury that prevents you from working, there are many reasons to go on leave.

There is a federal law in place—the Family and Medical Leave Act (FMLA)—that gives your leave some protection. Does the state of Idaho have leave laws that tell your employer what they’re required to do? Learn more about these laws and what they mean for your time off from work.

The Family and Medical Leave Act (FMLA)

Federal law dictates that eligible employees are entitled to 3 months (12 weeks) of protected unpaid leave. This leave policy especially benefits those who have personal medical concerns, families who have welcomed a new baby, and individuals who are caring for an ill or injured family member.

You must meet a certain set of criteria in order to take FMLA leave from your job. FMLA leave is reserved for employees who:

• Have worked at their job for more than 12 months, for at least 25 hours per week
• Work at a place that employs at least 50 people

The state of Idaho does not have any more to say about sick leave; there is no official state law. Many employers in the state of Idaho offer FMLA leave, but no additional perks or benefits.

Paid Time Off (PTO) Policies

There are no specific Idaho state laws governing paid time off policies. However, employers must abide by the terms they lay out in employment contracts.

Regarding the implementation of PTO, employers can choose between the following policies:

• Regular accrual—a certain number of PTO hours per pay period
• Lump sum, or allotment
• Unlimited PTO hours

Employers are also allowed to implement a “use it or lose it” policy at the end of the year and refuse to pay out any unused hours. In addition, if an employee is terminated, employers don’t need to pay out unused PTO hours unless the employment contract stipulates it. Idaho does not have any specific law or statute regarding those unused hours, so employers are free to create their own policies.

Sick Leave

If you become seriously ill or sustain an injury that prevents you from working, look at your employment contract for a sick leave policy. Idaho does not require employers to offer sick leave, but you may be eligible for unpaid FMLA leave if you’ve worked there for over a year.

If you’re unsure how to read the legalese in your employment contract, Rossman Law Group’s personal injury lawyers in Boise can help you identify your rights and advocate for your well-being.

Maternity and Paternity Leave

Are you expecting the birth or adoption of a child into your family soon? Consider the federal and state protections available to you.

Federal Laws

FMLA, the federal law discussed above, requires employers to provide up to 12 weeks of unpaid leave for employees who are welcoming a new child via birth or adoption.

In addition, the federal Pregnancy Discrimination Act (PDA) protects pregnant employees from any form of job-related discrimination. Employers are not allowed to discriminate against pregnant workers in their hiring, firing, promotions, pay, or health insurance policies.

The Equal Employment Opportunity Commission (EEOC) protects you in any pre-employment situation, like interviewing for a job. Interviewers are forbidden from asking pregnancy-related questions, but they are allowed to ask whether you are able to fulfill the minimum physical standards for a specific job.

State Laws

The state of Idaho takes maternity and paternity leave seriously. The Idaho Human Rights Act prohibits employer discrimination based on sex, including pregnancy status. Employers in Idaho must treat pregnancy as they would a temporary disability and make reasonable accommodations for pregnant employees.

Are you an employee of the state of Idaho? Per the Family First Act, state government employees are entitled to up to 8 weeks of paid leave for childbirth or adoption.

Military Leave

Are you a member of our country’s armed forces, military reserve, or National Guard? If you are called to active duty, you are entitled to unpaid leave per the Uniformed Services Employment and Reemployment Rights Act (USERRA). The law dictates that your employer must reinstate you to your former position upon your return, and protects you from being fired without cause within a year of your reinstatement.

If you are in the National Guard, you are entitled to up to 15 days of unpaid leave to attend training, as long as you give your employer 90 days’ notice. Your right to employment benefits, like vacation, bonuses, and promotions, is not affected by the length of your leave.

Jury Duty Leave

If you are called up for jury duty, your employer is required by federal law to let you respond to it. However, they are not required to pay you for that time. Your employer is also forbidden from retaliating against you for responding to a jury summons.

Some employers do decide to pay for jury duty leave, even though it’s not required by law. In Idaho, the court pays jurors up to $50 per day for their time, as well as a reimbursement of 51 cents per mile driven to and from the courthouse.

Bereavement (Funeral) Leave

The state of Idaho does not require employers to offer leave for employees who have experienced the loss of a loved one. However, many companies still have a policy in place. Check your employment contract for a funeral leave or bereavement policy; while the law doesn’t demand one, employers are still required to follow their own policies.

In the state of Idaho, any bereavement leave is generally unpaid. If you’ve recently lost a loved one, speak to your employer about strategies for moving forward.

Do you need to take time off from work for any reason? Bookmark this guide to Idaho’s leave laws and take another look at your employment contract to see what your employer is required to do.

While Idaho doesn’t have many unique stipulations regarding leave laws, there are still federal statutes in place that protect you. In addition, remember that your employment contract may have additional protections in place that are unique to your company. If you need help navigating leave laws in Idaho, call Rossman Law Group for a free consultation and high-quality legal advice.