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Idaho Sick Leave: What you need to knowThere is no Idaho law requiring private sector employers to provide employees with paid or unpaid sick leave. It is important to remember, however, that if sick leave is promised, an employer may create a legal obligation to grant it.
Idaho employees have the right to take leave under the federal FMLA. By Lisa Guerin, J.D. Employers in every state, including Idaho, are subject to the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave, with the right to reinstatement, for certain reasons.
FMLA is a federal act and is mandatory for all eligible employers to honor it while PFL is a state act applicable in California. 3. While FMLA guarantees the employee unpaid leave of 12 weeks over a 12 month period, the PFL provides for up to 6 weeks of paid leave in a 12 month period.
In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness. However, Idaho does not have such a law.
Employees are 'eligible' if they have worked for a covered employer for at least one year and worked at least 1,250 hours during the previous 12 months. The State of Idaho is considered a covered employer.
In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12
To apply for FMLA, the employee must take an FMLA Medical Certification Form to their health care provider. This form ensures that the employee's or family member's applicable health condition is valid. After receiving the form, the employee must return it within 15 calendar days.