Skip to content
LeaveRights Project
All State Laws

Idaho

Verified February 2026

Idaho Human Rights Act

Idaho Code §§ 67-5901 to 67-5912

Federal + State Anti-Discrimination
Share:
Idaho does not have a comprehensive state leave law. Workers rely primarily on federal FMLA and ADA protections. Below you'll find state-specific anti-discrimination protections and resources.
Overview

Idaho does not have a state-level family or medical leave law that supplements the federal FMLA. For most employees in Idaho, the right to unpaid, job-protected leave for serious health conditions or caregiving relies entirely on the federal Family and Medical Leave Act (FMLA). To qualify, you generally must work for an employer with 50+ employees and have worked there for at least 12 months.

Idaho workers are protected against disability discrimination through the Idaho Human Rights Act, codified in Idaho Code Title 67, Chapter 59. A key advantage is that the Idaho Human Rights Act covers employers with 5 or more employees, which is significantly lower than the federal ADA threshold of 15 employees. This means more Idaho workers have access to state anti-discrimination protections. The Idaho Human Rights Commission (IHRC) enforces these protections and investigates complaints of workplace discrimination, including disability-based claims related to mental health conditions.

Another notable feature of Idaho’s law is the 1-year filing deadline for discrimination complaints, which is considerably longer than the 180-day or 300-day deadlines found in most other states. This extended window gives workers more time to recognize discrimination, consult with an attorney, and file a formal complaint. Idaho does not mandate paid sick leave at the state level, and the state has not enacted additional worker leave protections beyond what federal law provides.

Even without a state leave law, Idaho workers have meaningful protections through the combination of federal FMLA, the ADA, and Idaho’s Human Rights Act with its lower employer-size threshold and generous filing window. Understanding which protections apply depends on your employer’s size, your length of employment, and the nature of your condition.

Eligibility

Employer Size

5+ employees

Leave Duration

N/A (no state leave law)

Paid Leave

Unpaid (job-protected)

How State and Federal Protections Compare

Leave: Idaho does not have a state family or medical leave law. Federal FMLA is the primary source of job-protected leave.

Anti-Discrimination: The Idaho Human Rights Act covers employers with 5 or more employees, lower than the federal ADA threshold of 15. Idaho also offers a 1-year filing deadline for discrimination complaints, longer than most states.

Additional Protections

Idaho Human Rights Act

Prohibits employment discrimination based on disability and other protected classes for employers with 5 or more employees. This lower threshold means more workers are covered compared to the federal ADA’s 15-employee minimum. The 1-year filing deadline is among the longest in the nation.

Idaho Code § 67-5909

Idaho Workers’ Compensation

Covers workplace injuries for most employees. Employers with one or more employees must carry workers’ compensation insurance. Mental health claims generally must be connected to a physical workplace injury or a sudden, traumatic event.

Idaho Code §§ 72-101 to 72-806

How to Exercise Your Rights

1. Request FMLA Leave (Federal)

Since Idaho has no state leave law, eligible employees follow federal FMLA procedures:

  • Notify your employer at least 30 days in advance for foreseeable leave.
  • If leave is unforeseeable, notify as soon as possible (usually same or next business day).
  • Follow your employer’s usual notice procedures for requesting leave.
  • Provide medical certification if requested (usually within 15 days).

2. File a Disability Discrimination Complaint

  • Verify your employer has 5+ employees and the incident is within 1 year.
  • File a complaint with the Idaho Human Rights Commission online, by mail, or in person.
  • IHRC will investigate and attempt to resolve the complaint through mediation or conciliation.
  • If no resolution is reached, the commission may hold a hearing or you may request a right-to-sue letter.

Note: Filing with IHRC can also cross-file with the federal EEOC through a work-sharing agreement.

Important Deadlines

  • 30 days - FMLA advance notice for foreseeable leave
  • 1 year - Deadline to file a discrimination complaint with the Idaho Human Rights Commission (one of the longest filing windows nationally)
  • 300 days - Deadline to file with the federal EEOC (extended because IHRC exists as a local agency)
  • 60 days - Workers’ comp injury must be reported to employer in Idaho
  • 1 year - Deadline to file a workers’ compensation claim in Idaho

Official Resources

Full Statute Text

Read the complete text of the law

Idaho Human Rights Commission (IHRC)

Enforces the Idaho Human Rights Act and investigates employment discrimination complaints statewide.

208-334-2873

U.S. DOL Wage and Hour Division – Idaho

Enforces federal labor laws including the FMLA for workers in Idaho.

866-487-9243

Disability Rights Idaho

Federally designated protection and advocacy agency for people with disabilities in Idaho. Provides free legal assistance and advocacy.

800-632-5125

Frequently Asked Questions

Check Your Eligibility

Get a free rights assessment based on your specific situation in Idaho.

Free Rights Check