Bill > H0641

This bill establishes new requirements for employers in Idaho regarding the use of earned sick leave, which is defined as compensated or uncompensated time off an employee accrues for absences due to their own or a dependent's physical or mental illness or injury, as outlined in the employer's written policy. Importantly, this definition excludes benefits like those under the federal Employee Retirement Income Security Act (ERISA), insurance, worker's compensation, disability, or general paid time off that can be used for non-illness related reasons. The bill makes it illegal for employers offering sick leave to penalize employees or take adverse employment actions against them for using sick leave in accordance with the employer's policy. However, it clarifies that this does not force employers to offer sick leave, nor does it permit absenteeism fraud or misconduct, nor does it require employers to pay out unused sick leave upon an employee's departure. Employers can request verification of the need for sick leave from a physician or healthcare practitioner, but this verification should only confirm the employee's ability to work and the duration of leave needed, without requiring disclosure of specific medical diagnoses, and employers must still adhere to federal laws like the Family and Medical Leave Act and the Americans with Disabilities Act. The bill also declares an emergency and sets an effective date of July 1, 2026.

Business and Industry

Commerce and Human Resources Committee (House)

https://legislature.idaho.gov/sessioninfo/2026/legislation/H0641/