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 ACT1 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 CERTAIN3 REQUIREMENTS REGARDING THE USE OF EARNED SICK LEAVE; AND DECLARING AN4 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 is7 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-11 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 reason13 related to physical or mental illness or injury of the employee or the14 employee's dependent that are permissible under the employer's written15 policy.16 (b) "Sick leave" does not include any benefit provided under an em-17 ployee welfare benefit plan subject to the federal employee retirement18 income security act of 1974, any insurance benefit, worker's compensa-19 tion benefit, short-term or long-term disability benefit, or any other20 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 its23 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 other25 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 misconduct30 related to the reasonable use of sick leave per the employer's policy;31 or32 (c) Requiring financial or other reimbursement to an employee from an33 employer upon the employee's termination, resignation, retirement, or34 other separation from employment for earned or accrued sick leave that35 has not been used.36 (4) An employer may require verification of an employee's need for sick37 leave by a physician or other authorized health care practitioner identified38 by the employer's written policy.39 (a) A verification required by an employer pursuant to this subsection40 shall strictly pertain to an employee's ability to work and the number41

2 of days of sick leave needed. Employers shall not require or request1 disclosure of diagnoses from employees or health care providers.2 (b) Employers shall comply with applicable provisions of the federal3 family and medical leave act and the federal Americans with disabili-4 ties act.5

SECTION 2. An emergency existing therefor, which emergency is hereby6 declared to exist, this act shall be in full force and effect on and after7 July 1, 2026.8