What You Need to Know About Maternity Leave in Idaho
Maternity leave is a critical aspect for many employees in the workplace today. The balance of employment responsibilities with personal life, especially when a new baby comes into the picture, is an important topic for women and families to consider. While the federal Family Medical Leave Act (FMLA) lays out some rights and protections to which they are entitled, state laws such as those in Idaho exempt many employees from full maternity leave.
Idaho has no clear state laws regarding maternity leave. Instead, they follow the guidelines set forth by the federal FMLA, which may or may not apply to Idaho-based businesses . The likelihood that employees are covered under FMLA in addition to their own company policies will vary from business to business. Of the 10,000 Idaho businesses polled about maternity leave, fewer than 4 percent offered it as part of their employee benefits, according to a recent survey by the Boise Metro Chamber of Commerce.
The FMLA only applies to qualifying employers, which means those with 50 employees. If fewer than 50 workers are in their organization, small businesses are not legally required to provide workers with maternity leave.
Federal Maternity Leave Protections
Both federal and Idaho law provide protections for pregnant women eligible for FMLA maternity leave. Federal law applies to employers in every state, including Idaho. The FMLA requires covered employers to provide eligible employees with 12 weeks of unpaid family leave (includes maternity leave) for several purposes including:
An employee’s use of FMLA leave will not count toward any leave management system the employer may use (for instance, if the company has PTO leave, an employee must be permitted to use the PTO leave in addition to FMLA leave).
Who is eligible? Employees are eligible for FMLA leave for maternity leave if they have worked for the employer for the previous 12 months and have worked at least 1,250 hours during that time. Childbirth, adoption, and caring for a newborn, newly placed child, or recently adopted or foster child are protected reasons for FMLA leave. The FMLA does not require that maternity leave be paid. However, an employee can utilize available paid time off and during FMLA leave those hours will count against the employee’s available FMLA leave. Employers cannot retaliate against an employee for taking FMLA leave, or threatening to take leave.
Timing and Notice: Generally, employees must give sufficient notice that is "reasonable and practicable" under the circumstances for maternity leave taking. When an employee is able to provide 30 days of notice then that is what is considered "reasonable and practicable." If FMLA leave is taken unexpectedly or briefly notice is not feasible, the employee must give notice "as soon as practicable." There is no requirement that an employee specifically mention FMLA leave in the notice so long as the employee places the employer on notice that FMLA leave may be needed. Generally, 15 days is considered sufficient for "reasonable and practicable."
Maternity Leave Policies in the State of Idaho
Idaho state law does not contain any requirements with respect to maternity leave. While Idaho law provides benefits for state employees with respect to pregnancy and maternity leave, it does not provide for any statewide benefits in the private sector. All employers are covered by the federal FMLA which requires employers to provide 12 weeks of unpaid leave for new mothers for the birth of the employee’s child or the placement of a child with the employee for adoption or foster care. Some companies go above and beyond the Federal law and offer paid leave for new mothers.
As stated above, Idaho provides paid leave for some state employees. If you are a state employee you are entitled to parental leave for the birth of a child, 12 weeks of parental leave, or for an adoption, placement of a foster child or a request for adoption. A state employee who is the spouse of a covered person is also eligible for leave unless the covered person requests that the employee be disqualified without penalty. Coverage has not yet been funded, but some qualified employees may apply for the benefit prior to October 1, 2019.
When Your Employer Provides Maternity Leave
Many employers in Idaho provide maternity leave that exceeds the family and medical leave provided by federal and Idaho state laws. Most private employers with 15 or more employees are subject to the federal Family and Medical Leave Act (FMLA), and many of these employers voluntarily extend maternity leave to employees who have worked 12 months or more, and who have completed at least 1250 hours of work for the company in the past year. Some businesses may provide paid time off to their employees for maternity leave.
Idaho does not currently have any maternity or parental leave requirements for employers, and there are no plans to change that. Idaho is one of only four states to have no mandatory direct employee benefits at all. Because Idaho has no Idaho-specific maternity/parental leave law that would apply to most private employers, FMLA would be the only law requiring paid maternity leave, but many employers exceed these minimum requirements.
The best way to find out about any employer-provided maternity leave in Idaho is to check the following:
Also be sure to keep in mind that at least some paid maternity or parental leave provided by an employer should not be for a designated period of time, but should be offered for the purposes of bonding with and caring for the newborn child. This can be expressed in many ways. For example, an employer may note that paid family leave may only be used within 12 months of the child’s birth or within 12 months of placement for adoption or foster care. The employee may choose how to use this time as long as the leaves do not run concurrently with any other leave.
It is very possible for a company to offer a very generous maternity leave policy to their employees. It is not unusual for these benefits to be accrued based on longevity with the company or for the employer, at its discretion, to grant leave with full or partial paid sick or vacation leave.
How to Navigate Maternity Leave in Idaho
In preparation for an expected or unexpected leave related to childbirth, employees should consider steps to ensure that their employer is promptly notified and provided with all necessary information regarding the leave. This may include providing specific documentation issued by a physician. Failure to do so could significantly impact the employee’s return to work, employer-provided benefits, or job protection. The following are steps to consider when planning for maternity leave: Providing Notice. Title VII of the Civil Rights Act of 1964, as amended, "Title VII," and the Americans with Disabilities Act, as amended, "ADA," do not require an employer to provide a pregnant employee with leave, nor do they require an employer to accommodate an employee’s pregnancy-related physical restrictions. However, employers who provide maternity leave must do so in a manner that does not discriminate between employees based on pregnancy. Medical certification is not necessary under the ADA where a pregnant employee seeks up to 12 weeks of leave. An employer, however, is permitted to require such certification as it relates to its Family Medical Leave Act, "FMLA," policy. For example, an employer may require a certification from the employee’s health care provider that a serious health condition makes the employee unable to perform her duties as a result of pregnancy or childbirth in order to take FMLA leave for their own serious health condition related to pregnancy or childbirth . Similarly, an employer may require that a pregnant employee provide reasonable notice of the need for leave under Title VII or ADA provided that such notice is not more than 15 days after the employee learns of the need for leave and that the notice is in a manner that will provide the employer with an opportunity to plan for the absence. An employer cannot, however, deny an employee the ability to take leave or delay grant of leave based on timing of notice, or a failure to provide medical certification if not required under the FMLA policy. Anticipated duration of leave. When planning for maternity leave, employees should be able to estimate how long they are likely to be absent from work. Pregnant employees should be diligent in understanding the company’s maternity/pregnancy leave policies and any related benefits. Employees must also understand the specific requirements under the FMLA or any other applicable company policy. If the employer has an FMLA policy, the employee should know that FMLA leave "runs concurrently" with any maternity/pregnancy leave. If the employer has no FMLA policy, the employee should understand whether the employer offers leave under another policy. Finally, if the employer has more than 15 employees, the employee must understand whether the state’s pregnancy leave laws apply to the employer. Pregnancy/Vacation/Paid Leave Policies. Employees should become familiar with the employer’s vacation policies, paid leave policies, and any applicable company maternity policies. Employees should also discuss scheduling so that the employer can plan for the employee’s absence. In certain circumstances, it is permissible for employees to use accrued sick leave, short-term disability, or any applicable paid leave to cover their expected absences.
Further Legal Resources and Support
The following resources can be useful for those facing maternity leave issues in Idaho. Legal aid organizations provide free or reduced-fee assistance to those who qualify. They can connect you to a pro bono attorney, help you with legal research, or provide advice. Idaho Legal Aid Services is a resource for free legal help for qualifying low income people, as well as a source of information about a wide range of civil law matters, including maternity leave protections. Idaho Volunteer Lawyer Program provides volunteer attorneys for low-income Idahoans facing civil legal challenges. It provides an online application form for getting a pro bono attorney. State and federal government resources can offer guidance as well. The Idaho Department of Labor is a resource regarding maternity leave issues, and the Wage and Hour Division of the U.S. Department of Labor operates a helpful website and a toll-free number for those seeking answers to their questions.
The Future of Maternity Leave in Idaho
Looking ahead, there is potential for changes in Idaho’s maternity leave laws. With growing emphasis on work-life balance, other states continue to expand their policies on parental leave. Proposed bills have been introduced in the Idaho state legislature in recent sessions, but none have passed. The most recent legislative session began with optimism for changes in maternity leave: a bipartisan committee recommended paid family leave as an employee benefit as a budget neutral option. That previous legislation would have created an insurance plan funded by employee premium contributions so those who paid into the fund would receive paid leave. This plan was viewed as a strong compromise considering the lack of support for direct intervention by the state government into private industry on such issues. While it appeared this bipartisan proposal was gaining traction and public support, the session ended without the legislation passing . The growing national emphasis on working family policies may inspire the legislature to reintroduce bills on paid leave for Idaho parents. Given that many other states have already adopted similar legislation, the question becomes to what extent would Idaho attempt to compete with benefits offered in other places: – What would expanded leave mean for the state’s budget for public employees? – Would Idaho require private businesses to offer similar benefits? – Would expanding maternity leave affect Idaho’s low business tax rates? – With a relatively small population, would Idaho offer a reduced or tiered leave plan based on the size of a business? – Would an expanded leave mean that employers would have to hire temporary employees, and how would this affect seasonal employment issues in Idaho? – Would more flexible work be required to retain employees, and would employees be vocal about it? It is important to understand these issues at every level of employment because changes could come quickly.