Idaho Military Leave (Idaho Code § 46-407, Idaho Code § 46-409)

NOTE: This leave will not appear on claims if your organization has chosen not to administer it.

Idaho Code § 46-409 extends USERRA's protections to National Guard members who are called or ordered by a governor to state active duty, or to duty other than for training, in time of war, armed conflict, or emergency proclaimed by a governor or by the President of the United States.

Covered Employers: All employers.

Employee Eligibility: All Idaho employees

Entitlement: Eligible employees who are active members of the National Guard in the time of war, armed conflict, or emergency proclaimed by a governor or by the President of the United States, shall be called or ordered by a governor to state active duty, or to duty other than for training, Eligible employees will have the same rights, privileges, protections and responsibilities as provided by federal law in the Servicemembers Civil Relief Act and USERRA.

Employer Notice: Not specified

Employee Notice: Not specified.

Obligation to Provide Certifications or Documents Supporting Need for Leave: Not specified.

Paid?: No

Benefits: Eligible employees are entitled to the same employment benefits as though called to active duty in U.S. service.

Reinstatement: Eligible employees who are members of the Idaho National Guard and are ordered to duty by the Governor, or eligible employees who are members of the national guard of another state and who are called into active service by the governor of that state, will be restored to their previous position or to a position with the same status, seniority and pay, so long as the employee is still qualified to perform the duties of the position. If an employee is not qualified to perform the duties of such position by reason of disability sustained during the period of duty, but is qualified to perform the duties of any other positions in the employ of the employer, then the employer must offer the employee that position which they are qualified to perform which is most similar to their former position in seniority, status and pay. Eligible employees are entitled to any other reemployment rights as though called to active duty in U.S. service.

Other Important Definitions/Requirements: Eligible employees who are members of the Idaho National Guard and are ordered to duty by the Governor, or eligible employees who are members of the national guard of another state and who are called into active service by the governor of that state, may not be terminated without cause for up to one year following reemployment.

“Duty, other than for training” is any state active duty or federal duty other than training upon the call or order of the governor, or by order of competent federal authority, and does not include weekend drill or annual training as part of normal national guard service, and does not include attendance at military schools.

Relationship with Other Leave: N/A

ClaimVantage Absence Specification