Idaho Code 44-1502 preempts local government mandates on employee benefits including paid sick leave and paid family leave, leaving leave benefits to employer discretion or federal law statewide.
Idaho Code 44-1502 preempts political subdivisions from enacting ordinances requiring employers to provide leave or other benefits beyond what state or federal law mandates. Cities and counties may not require paid sick leave, paid family leave, paid vacation, or bereavement pay for private-sector employees. Idaho does not have a state paid sick leave or family leave law; private employers determine leave policies, subject only to federal FMLA unpaid leave for qualifying employers and employees. The preemption ensures uniform employment rules statewide and prevents city-by-city benefit mandates. Boise, Idaho Falls, and Pocatello cannot impose mandatory paid sick days even for businesses operating within their limits.
Conflicting local benefit mandates are void. Employers required to comply may seek declaratory and injunctive relief, and affected ordinances are unenforceable.
See how Post Falls's paid leave preemption rules stack up against other locations.
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