Country Selector
Last updated on: April 27th, 2022
Hours & Pay Regulations
Normal Working Hours
Idaho law does not specifically address what constitutes a workweek for purposes of its minimum wage requirements. Idaho does look for guidance from the regulations regarding what constitutes working hours set forth under the federal Fair Labor Standards Act.
Workweek – No employer shall employ any employee longer than 40 hours in a workweek consisting of seven consecutive 24-hour periods. A workweek is a period of 168 hours during seven consecutive 24-hour periods. It may begin on any day of the week and any hour of the day established by the employer. For the purpose of overtime payment, each workweek stands alone, there can be no averaging of two or more workweeks.
Overtime
No employer shall employ any employee longer than 40 hours in a workweek consisting of seven consecutive 24-hour periods unless such employee receives compensation for the employment in excess of 40 hours at a rate not less than 1 1/2 times the employee’s regular rate of pay.
For the purpose of overtime payment, each workweek stands alone; there can be no averaging of two or more workweeks.
Breaks
Idaho law does not require employers to give breaks or meal periods. Employees would only be entitled to breaks if it is the employer’s policy to provide them.
Public Holidays
Private employers are not obligated under Idaho law to provide any holidays as paid (or unpaid) days off. However, most employers do offer at least six paid holidays.
In Idaho, a private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.
Annual Leave
Idaho does not have a paid annual leave law that applies generally to private employers. Annual leave if promised via agreement needs to be obliged.
Special Leave
Employers must treat employees disabled by pregnancy, childbirth, or related medical conditions the same as any other employees with short-term disabilities for purposes of sick leave.
Idaho Code § 2-212 (2002) provides that a person who is not disqualified for jury service under § 2-209 may have jury service postponed by the court or the jury commissioner only upon a showing of undue hardship, extreme inconvenience, or public necessity, or upon a showing that the juror is a mother breastfeeding her child. (2002 HB 497).
Members of the Idaho National Guard or the national guard of another state, who are called to active duty by the governor or president in a time of war, armed conflict, or emergency are entitled to the same protections as USERRA. Once their leave is over, employees are entitled to reinstatement to their former positions or a comparable position with like seniority, status, and pay. If an employee is not qualified for his or her former position because of a disability sustained during service, the employee is entitled to the position that is most similar to his or her former position in terms of seniority, status, and pay (provided the employee is qualified). Reinstated employees may not be fired without cause for one year. Members of the National Guard and U.S. armed forces reserves may take up to 15 days’ unpaid leave per year for training without affecting the employee’s rights to vacation, sick leave, bonus, advancement, and other advantages of employment. Employees must give 90 days’ notice of training dates. Idaho Code Ann. §§ 46-224, 46-225, 46-407, 46-409.
Employers in Idaho must excuse employees from work to serve on a jury. All employees in Idaho may take time off from work to respond to a jury duty summons. Employers do not have to compensate an employee for his or her time spent on jury duty. Idaho law protects an employee’s job when the employee serves on a jury. Employers cannot terminate or penalize an employee for serving on a jury.
Full-time state employees are allowed up to 30 days of paid leave for organ donation. (§67-5343).
