EMPLOYMENT CONTRACTS – Adds to existing law to specify certain requirements regarding the use of earned sick leave.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
641
BY
COMMERCE
AND
HUMAN
RESOURCES
COMMITTEE
AN
ACT
1
RELATING
TO
EMPLOYMENT
CONTRACTS;
AMENDING
CHAPTER
9,
TITLE
44,
IDAHO
CODE,
2
BY
THE
ADDITION
OF
A
NEW
SECTION
44
-
906,
IDAHO
CODE,
TO
SPECIFY
CERTAIN
3
REQUIREMENTS
REGARDING
THE
USE
OF
EARNED
SICK
LEAVE;
AND
DECLARING
AN
4
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Chapter
9,
Title
44,
Idaho
Code,
be,
and
the
same
is
7
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
8
ignated
as
Section
44
-
906,
Idaho
Code,
and
to
read
as
follows:
9
44
-
906.
USE
OF
EARNED
SICK
LEAVE.
(1)
For
the
purposes
of
this
section:
10
(a)
"Sick
leave"
means
accrued
increments
of
compensated
or
uncompen
-
1
1
sated
leave
provided
by
an
employer
to
an
employee
as
a
benefit
of
em
-
12
ployment
for
use
by
the
employee
for
absences
from
work
for
any
reason
13
related
to
physical
or
mental
illness
or
injury
of
the
employee
or
the
14
employee's
dependent
that
are
permissible
under
the
employer's
written
15
policy.
16
(b)
"Sick
leave"
does
not
include
any
benefit
provided
under
an
em
-
17
ployee
welfare
benefit
plan
subject
to
the
federal
employee
retirement
18
income
security
act
of
1974,
any
insurance
benefit,
worker's
compensa
-
19
tion
benefit,
short
-
term
or
long
-
term
disability
benefit,
or
any
other
20
flexible
or
paid
time
off
benefit
that
can
be
used
for
reasons
not
exclu
-
21
sively
related
to
illness
or
injury.
22
(2)
It
shall
be
unlawful
for
an
employer
that
offers
sick
leave
to
its
23
employees
to
count
sick
leave
taken
in
accordance
with
the
employer's
writ
-
24
ten
policy
as
an
absence
that
may
lead
to
or
result
in
discipline
or
any
other
25
adverse
employment
action.
26
(3)
Nothing
in
this
section
shall
be
construed
as:
27
(a)
Requiring
an
employer
to
offer
paid
or
unpaid
sick
leave
to
its
em
-
28
ployees;
29
(b)
Permitting
absenteeism,
sick
leave
fraud,
or
any
other
misconduct
30
related
to
the
reasonable
use
of
sick
leave
per
the
employer's
policy;
31
or
32
(c)
Requiring
financial
or
other
reimbursement
to
an
employee
from
an
33
employer
upon
the
employee's
termination,
resignation,
retirement,
or
34
other
separation
from
employment
for
earned
or
accrued
sick
leave
that
35
has
not
been
used.
36
(4)
An
employer
may
require
verification
of
an
employee's
need
for
sick
37
leave
by
a
physician
or
other
authorized
health
care
practitioner
identified
38
by
the
employer's
written
policy.
39
(a)
A
verification
required
by
an
employer
pursuant
to
this
subsection
40
shall
strictly
pertain
to
an
employee's
ability
to
work
and
the
number
41

2
of
days
of
sick
leave
needed.
Employers
shall
not
require
or
request
1
disclosure
of
diagnoses
from
employees
or
health
care
providers.
2
(b)
Employers
shall
comply
with
applicable
provisions
of
the
federal
3
family
and
medical
leave
act
and
the
federal
Americans
with
disabili
-
4
ties
act.
5
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
6
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
7
July
1,
2026.
8