10 Key Questions About Leave Laws in Idaho

In Idaho, most leave laws are governed by federal regulations, including the Family and Medical Leave Act (FMLA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA).

FMLA provides eligible employees up to 12 weeks of unpaid, job-protected leave for certain family or medical reasons and up to 26 weeks of military caregiver leave. USERRA offers job-protected leave to servicemembers on military duty.

Idaho labor law also offers leave to employees for serving jury duty.

Idaho leave laws entitle employees to different types of leave, including:

• Family and Medical Leave: The federal FMLA provides eligible employees in Idaho up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain family and medical reasons. These include childbirth, adoption, or foster care placement, caring for an employee’s own or their family member’s serious health condition, and certain military exigencies. FMLA also offers 26 weeks of military caregiver leave in a 12-month period to care for a covered servicemember’s serious injury or illness.
• Military Leave: Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employees in Idaho, who are called for military service or related obligations from the reserves or National Guard, can take job-protected time off from work. USERRA protects returning service members’ rights to be promptly re-employed at the same seniority, status, and pay as when their military service period began.
• Jury Duty Leave: In Idaho, employees are allowed to take job-protected time off for federal jury service. While employers are encouraged to continue paying employees during jury duty, it is not required by law. However, the court pays federal jurors $50 per day plus mileage, and up to $60 per day after 10 days on a petit jury trial. Federal government employees receive their regular salary instead of the jury fee.
• Paid Parental Leave: Idaho’s Families First Act provides certain eligible employees of the state’s executive branch agencies eight weeks of paid parental leave following the birth or adoption of a child.

The duration of a leave depends on the specific Idaho leave law governing that particular leave type:

• FMLA Leave: Up to 12 weeks of family and medical leave, and up to 26 weeks of military caregiver leave in a 12-month period.
• Military Leave: For the duration of military service or related obligations.
• Jury Duty Leave: For the length of jury service, which is usually one to two weeks.
• Paid Parental Leave: Eight weeks of leave following childbirth or adoption for certain state employees.

Yes. Part-time employees in Idaho may qualify for FMLA leave for specific family and medical reasons if they meet the federal criteria for length of employment and total hours worked.

Employees don’t get paid while on FMLA leave or military duty leave.

However, employees in Idaho can get paid by the court while on jury duty leave. They can receive $50 per day plus mileage, and up to $60 per day after 10 days on a petit jury trial. Federal government employees in Idaho are also paid their regular wages while on jury duty leave.

Certain state employees employed by executive branch agencies also get eight weeks of paid parental leave in Idaho following the birth or adoption of a child.

While on FMLA leave in Idaho, employees keep their group health insurance under the same terms as if they were working, but they must continue paying their share of premiums. If an employee chooses to pause coverage, it must be reinstated without waiting periods or exclusions when they return from FMLA leave.

Other benefits like life insurance, disability insurance, vacation, retirement plans, and pensions must also be restored at the same level when an employee returns from FMLA leave, unless company-wide changes apply.

During military leave in Idaho, employees can keep their health plan coverage for up to 24 months under USERRA. Even if they drop it, coverage must be reinstated without waiting periods upon their return from military service.

No. Unused leave under the FMLA, the USERRA, or any other state law cannot be carried over to the next year in Idaho.

Yes, since Idaho is an “at-will” state, employees can generally be terminated at any time, even while on leave, unless protected by an employment contract, union agreement, or employer policy. However, employees cannot be fired for discriminatory or retaliatory reasons, for violating public policy, or exercising their rights under job-protected leave laws such as FMLA or USERRA.

Yes. Since Idaho is an “at-will” employment state, employees can quit their jobs at any time, with or without notice, even while on leave. However, if an employment contract or employer policy sets specific requirements for the length of service, the employee must follow those terms.

If an employee’s FMLA leave rights are violated in Idaho, they may file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD) or pursue a civil action against the employer.

For military leave rights violations under the USERRA, an employee can file a complaint with the U.S. Department of Labor’s Veterans Employment and Training Service (VETS). If VETS cannot resolve the complaint, the employee’s case may be referred to the Department of Justice, the Office of Special Counsel, or the employee can directly sue the employer.

For jury duty leave violations, employees in Idaho can file a civil action in court, which may result in reinstatement, civil penalties up to $5,000 per violation, and community service orders for the employer.