Navigating Paid Time Off (PTO) and other leave policies can be complex. In Idaho leave laws, these policies are mostly determined by company rules and federal laws, with few state-specific requirements. This article breaks down Idaho Leave Laws, covering vacation leave, sick leave, maternity and paternity leave, bereavement leave, jury duty leave, military leave, and voting leave. You’ll learn how these leaves are managed, accrued, and paid out, providing clear information for both employers and employees. Whether you’re setting up fair leave policies or trying to understand your benefits, this guide will help you make informed decisions. Additionally, we will discuss how the Day Off app can assist in tracking and managing leave effectively.
Paid Time Off (PTO) in Idaho
In Idaho, there are no specific state laws that regulate Paid Time Off (PTO). Employers must follow their own company policies or employment contracts.
Leave Quota
Idaho does not mandate any vacation days for employees. Employers are not legally required to provide vacation leave, whether paid or unpaid. However, if an employer chooses to offer vacation benefits, they must adhere to the terms outlined in the company policy or employment contract. Additionally, all employees must receive written notice detailing the terms of the vacation policy.
Accrual
Accrual of PTO is not mandated in Idaho, but many companies opt to use it. Employers can choose from various PTO policies, such as lump sum allotment, PTO accrual, or unlimited PTO. For those that use PTO accrual, it is permissible to set a cap on the amount of leave an employee can accumulate to prevent excessive accrual.
Idaho does not have federal or state laws requiring employers to pay out an employee’s accrued vacation, sick leave, or other PTO upon termination of employment.
Statutory Provisions on Vacation Pay
If an employer decides to offer paid vacation benefits, they must follow the established policy or employment contract.
Roll Over
Employers in Idaho can implement a “Use-It-or-Lose-It” policy, meaning they are not required to allow employees to carry over unused vacation leave to the next year. Consequently, employees may lose any unused vacation days without compensation at the end of the year.
Payment of Accrued, Unused Vacation on Termination
There is no state law in Idaho that addresses the payment of accrued vacation upon termination of employment. Employers may establish policies or contracts that do not provide payment for accrued, unused vacation upon an employee’s separation from the company, unless otherwise specified in the employment contract or company policy.
Payout
If there is an obligation to pay out accrued, unused vacation time upon termination, it is the employer’s responsibility to make the payment.
Sick Leave in Idaho
Federal law mandates up to 12 weeks of unpaid sick leave. Idaho does not have additional state laws regarding sick leave.
Federal Laws – Leave Quota
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for personal medical reasons, maternity or paternity leave, or to care for a close family member with a serious illness. To be eligible for FMLA benefits, employees must have worked for their employer for at least 12 months (at least 1,250 hours in the previous 12 months) and be employed at a location with at least 50 employees within a 75-mile radius.
Idaho State Laws
Idaho law does not require private sector employers to provide sick leave, whether paid or unpaid. However, if an employer offers sick leave benefits, they must comply with the terms of their established policy or employment contract.
Maternity, Paternity, and FMLA in Idaho
Federal Law
Under the FMLA, employees are entitled to 12 weeks of unpaid leave for maternity or paternity purposes. This leave can be taken intermittently if the employer approves. The FMLA applies to employers with at least 50 employees.
The Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy in any aspect of employment. This law applies to employers with more than 15 employees.
Additional State Laws in Idaho
The Idaho Human Rights Act prohibits employer policies that discriminate based on sex, including pregnancy-related conditions. This act applies to private employers with five or more employees and requires that pregnancy-related conditions be treated like other temporary disabilities.
The Equal Employment Opportunity Commission’s (EEOC) guidelines prohibit employers from asking pregnancy-related questions during job interviews but allow inquiries about the ability to perform specific job-related tasks.
State employees are entitled to eight weeks of paid leave for childbirth or adoption under the Family First Act. For other workers, maternity leave is covered by the FMLA.
Payout
Maternity and paternity leave in Idaho are unpaid.
Bereavement Leave in Idaho (Funeral Leave)
Idaho does not require employers to provide bereavement leave. Employers may offer bereavement leave as a benefit, but it is not mandated by state or federal law.
Payout
Bereavement leave in Idaho is unpaid.
Jury Duty Leave in Idaho
Employers must provide job-protected unpaid leave for employees serving on a jury. Employers are not required to pay employees for time spent on jury duty, but employees cannot be terminated or coerced for attending jury service.
Payout
Employees serving as jurors in Idaho receive a minimum of $10.00, up to $50.00 per day, and mileage reimbursement from the court. Employers are not required to pay employees for jury duty leave.
Military Leave in Idaho
Employers must provide unpaid leave for military members in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Idaho law also offers protections for National Guard and U.S. military reserves members, including 15 days of leave per calendar year for military training with 90 days’ notice. The employee’s benefits remain unaffected during this leave.
Payout
Military leave is unpaid.
Voting Leave in Idaho
Idaho does not require employers to provide time off for voting. There is no state law mandating paid or unpaid time off to vote.
Payout
Voting leave is unpaid.
Idaho State Holidays in 2024
Private employers in Idaho are not required to provide paid or unpaid leave for holidays. They may require employees to work on holidays without paying premium rates unless it qualifies as overtime under standard laws.
Idaho officially observes 11 state holidays.