Idaho Return to Office Mandate 2026

What is Idaho’s return to office mandate?

Idaho does not have a statewide return to office mandate for private sector employers. However, the Idaho Division of Human Resources implemented an administrative policy on March 31, 2024, that limits remote work for state government employees.

According to the policy, state agencies must ensure no more than 20% of their permanent workforce scheduled to work on any given day are out of the office. This policy applies only to state employees working for agencies that report through Governor Brad Little. Field employees and those who live at least 50 miles from their agency’s closest Idaho office may qualify for exemptions.

Private sector employers are NOT covered by this state government policy and retain broad discretion under Idaho’s at-will employment framework to implement their own return to office policies, subject to anti-discrimination and disability accommodation laws.

Source: Idaho Capital Sun, May 3, 2024
Available at: https://idahocapitalsun.com/2024/05/03/despite-legislation-dying-during-2024-session-idaho-policy-limits-remote-work-for-state-employees/

Does Idaho’s RTO policy apply to private employers?

No. Idaho’s return to office policy announced in March 2024 applies only to state government employees working for agencies under Governor Brad Little’s administration. It does NOT apply to private sector employers.

Private sector employers in Idaho operate under the state’s at-will employment doctrine, which generally allows employers to set workplace policies including where employees work, provided such policies do not violate anti-discrimination laws, disability accommodation requirements, or contractual obligations.

Employees of private companies who have concerns about return to office mandates and disability accommodations should consult with an employment attorney or contact the Idaho Human Rights Commission for information about their rights.

Source: Idaho Division of Human Resources; Idaho Department of Labor
Available at: https://www.labor.idaho.gov/

Can my employer force me back to the office in Idaho?

Generally, yes. Idaho is an at-will employment state, meaning employers can generally set terms and conditions of employment, including work location, with certain exceptions.

According to the Idaho Department of Labor:

“Idaho is a ‘work at will’ state. This means there is no set length for an employment relationship and either the employer or the employee may end it at any time, with or without notice; with or without cause.”

Exceptions include:

• Disability accommodations: If you have a disability and remote work is a reasonable accommodation, your employer may be required to allow remote work under the ADA and Idaho law.
• Employment contracts: If you have a contract specifying remote work, the employer must honor that contract.
• Collective bargaining agreements: Union contracts may specify work location terms.
• Discriminatory or retaliatory reasons: Employers cannot require return to office based on protected characteristics or in retaliation for protected activity.

If you believe a return to office policy discriminates against you or denies a necessary accommodation, contact the Idaho Human Rights Commission at (888) 249-7025.

Source: Idaho Department of Labor – Labor Laws FAQ
Available at: https://www.labor.idaho.gov/businesses/labor-laws/labor-laws-faq/

What are my accommodation rights under Idaho law?

Idaho law prohibits discrimination based on disability and requires employers with 5 or more employees to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would cause undue hardship.

Idaho Code § 67-5909 states:

“It shall be a prohibited act to discriminate against a person because of, or on the basis of, disability… provided that the prohibition against discrimination because of disability shall not apply if the particular disability, even with a reasonable accommodation, prevents the performance of the work required in that job.”

Reasonable accommodations may include:

• Modified work schedules
• Job restructuring
• Reassignment to vacant positions
• Acquisition or modification of equipment
• Telework or remote work arrangements (in some circumstances)
• Other modifications that enable you to perform essential job functions

The law requires an interactive process between you and your employer to identify effective accommodations. Federal ADA requirements (for employers with 15+ employees) provide additional protections that often mirror or exceed Idaho law.

If you need an accommodation, make a request to your employer (preferably in writing) explaining your disability and how an accommodation would help you perform your job. Your employer must engage in good faith in the interactive process.

Source: Idaho Code § 67-5909
Available at: https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch59/sect67-5909/

For questions: Contact Idaho Human Rights Commission at (888) 249-7025 or HRC.Inquiry@labor.idaho.gov

How do I file a discrimination complaint in Idaho?

To file a discrimination complaint in Idaho, you have two primary options:

Option 1: Idaho Human Rights Commission (State)

Filing Deadline: Within 1 year of the discriminatory act

How to file:

1. Online: Complete intake questionnaire at https://www2.labor.idaho.gov/IHRCQ
2. By phone: Call (208) 334-2873 or toll-free (888) 249-7025
3. By mail: Send to Idaho Human Rights Commission, 317 W. Main Street, 2nd Floor, Boise, ID 83735-0660
4. In person: Visit the above address (Monday-Friday, 8:00 AM – 5:00 PM)

Option 2: Equal Employment Opportunity Commission (Federal)

Filing Deadline: Within 300 days of the discriminatory act

How to file:

1. Online: Visit https://publicportal.eeoc.gov/
2. By phone: Call 1-800-669-4000 (TTY: 1-800-669-6820)

Work-Sharing Agreement: Idaho and the EEOC have a work-sharing agreement, so filing with one agency typically results in cross-filing with the other, protecting your rights under both state and federal law.

Important: Idaho law requires filing with the Idaho Human Rights Commission BEFORE you can file a discrimination lawsuit in court.

Source: Idaho Human Rights Commission
Available at: https://humanrights.idaho.gov/idaho-law/contexts/file-a-complaint/

Can I request remote work as a reasonable accommodation?

Possibly, yes. Remote work or telework may be a reasonable accommodation under the Americans with Disabilities Act (ADA) and Idaho law if it would enable you to perform the essential functions of your job despite a disability.

According to EEOC guidance, employers should consider remote work as a potential accommodation during the interactive process. However, whether remote work is a reasonable accommodation depends on factors including:

• Whether the essential functions of your job can be performed remotely
• Whether remote work would create an undue hardship for the employer
• The nature of your disability and how remote work addresses limitations
• Whether remote work is feasible given your job duties and employer’s operations

To request remote work as an accommodation:

1. Notify your employer that you need an accommodation due to a disability
2. Explain how your disability affects your ability to perform your job
3. Suggest remote work as a potential accommodation (though you don’t have to propose the specific solution)
4. Participate in the interactive process with your employer
5. Provide medical documentation if requested and appropriate

Your employer must engage in good faith in the interactive process but has final decision on which accommodation to provide, as long as the chosen accommodation is effective.

If your request is denied: You may file a complaint with the Idaho Human Rights Commission or EEOC if you believe the denial was discriminatory or if the employer failed to engage in the interactive process.

Source: EEOC Enforcement Guidance on Reasonable Accommodation
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

What is Idaho’s Human Rights Act?

The Idaho Human Rights Act is Idaho’s state anti-discrimination law, codified in Idaho Code Title 67, Chapter 59. The law was enacted in 1969 and prohibits discrimination in employment, housing, education, and public accommodations.

Protected classes in employment:

• Race
• Color
• Religion
• Sex
• National origin
• Age (40 and older)
• Disability

Coverage: Employers with 5 or more employees (lower than the 15-employee threshold for most federal laws)

According to Idaho Code § 67-5901(1), the Idaho Human Rights Act is intended to provide “for execution within the state of the policies embodied in the federal Civil Rights Act of 1964, as amended, and the Age Discrimination in Employment Act of 1967, as amended, and Titles I and III of the Americans with Disabilities Act.”

The Idaho Human Rights Commission interprets Idaho law consistent with federal law and EEOC guidance.

Enforcement: Idaho Human Rights Commission investigates complaints and may file cases in court on behalf of discrimination victims.

Source: Idaho Code Title 67, Chapter 59
Available at: https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH59/

Where do I file an EEOC complaint in Idaho?

Idaho residents file federal EEOC complaints through the EEOC Seattle Field Office, which has jurisdiction over Idaho, Alaska, Montana, Oregon, and Washington.

How to file:

Online (Recommended): Visit the EEOC Public Portal at https://publicportal.eeoc.gov/ to:

• Submit an online inquiry
• Schedule an intake interview (by phone, video, or in-person)
• Upload supporting documents

By Phone:

• General: 1-800-669-4000
• TTY (Deaf/Hard of Hearing): 1-800-669-6820
• ASL Video Phone: 1-844-234-5122

Deadline: 300 days from the discriminatory act (Idaho has a FEPA agreement extending the deadline from 180 days)

Work-Sharing: The EEOC and Idaho Human Rights Commission have a work-sharing agreement, so your charge may be cross-filed with both agencies.

What to expect: You will have an intake interview to discuss your allegations. If the EEOC accepts your charge, it will notify the employer, investigate, and attempt resolution. If unsuccessful, you will receive a Notice of Right to Sue allowing you to file a lawsuit within 90 days.

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/contact-eeoc and https://www.eeoc.gov/field-office/seattle/fepa

What is at-will employment in Idaho?

At-will employment is the default employment relationship in Idaho, meaning either the employer or employee can end the employment relationship at any time, for any reason (or no reason), with or without notice.

According to the Idaho Department of Labor:

“Idaho is a ‘work at will’ state. This means there is no set length for an employment relationship and either the employer or the employee may end it at any time, with or without notice; with or without cause.”

Exceptions to at-will employment:

1. Employment contracts: Written or oral contracts that specify terms of employment, including duration or conditions for termination
2. Collective bargaining agreements: Union contracts that typically require “just cause” for termination
3. Discrimination: Termination based on race, color, religion, sex, national origin, age (40+), or disability
4. Retaliation: Termination for engaging in protected activities (filing discrimination complaints, workers’ compensation claims, whistleblowing)
5. Public policy violations: Termination that violates fundamental public policy (such as firing someone for jury duty or refusing to commit illegal acts)
6. Implied contracts: In limited circumstances, employer policies or practices may create implied contract rights

At-will employment applies equally to private sector and most state employees, though state employees may have additional protections through civil service rules or collective bargaining agreements.

Source: Idaho Department of Labor – Labor Laws FAQ
Available at: https://www.labor.idaho.gov/businesses/labor-laws/labor-laws-faq/

What is the difference between state employee and private sector RTO requirements in Idaho?

Idaho’s return to office policies differ significantly between state employees and private sector employees:

State Employees:

Policy: Idaho Division of Human Resources administrative policy (March 31, 2024) requires agencies to ensure no more than 20% of permanent workforce is out of office on any given day

Coverage: State agencies reporting through Governor Brad Little

Exemptions:

• Field employees (Fish and Game, Health and Welfare social workers, wardens, attorneys)
• Rural exemption (employees living 50+ miles from closest agency office)

Authority: Administrative policy set by Governor’s office and Division of Human Resources

Private Sector Employees:

Policy: No state-mandated return to office requirements

Coverage: Private employers set their own policies

Exemptions: Not applicable (no mandate exists)

Authority: Employer discretion under at-will employment, subject to:

• Anti-discrimination laws
• Disability accommodation requirements
• Employment contracts (if any)
• Collective bargaining agreements (if any)

Common Requirements (Both):

Both state and private employers must comply with:

• Idaho Human Rights Act (Idaho Code § 67-5909)
• Americans with Disabilities Act (employers with 15+ employees)
• Anti-retaliation protections
• Reasonable accommodation requirements

Source: Idaho Division of Human Resources; Idaho Capital Sun
Available at: https://idahocapitalsun.com/2024/05/03/despite-legislation-dying-around-2024-session-idaho-policy-limits-remote-work-for-state-employees/

When did Idaho’s state employee RTO policy take effect?

Idaho’s state employee telework limitation policy took effect on March 31, 2024. The policy was created in January 2024 by the Idaho Division of Human Resources working with Governor Brad Little’s office, state legislators, and agency administrators.

According to Division of Human Resources Administrator Janelle White:

“The Idaho Division of Human Resources on March 31 implemented a new policy limiting remote work. The policy, created in January, requires agencies to ensure no more than 20% of their permanent workforce scheduled to work on a day are out of the office.”

The policy followed failed legislative attempts in 2023 (Senate Bill 1191) and 2024 (Senate Bill 1261) to codify similar telework restrictions in Idaho statute.

Important: This policy applies only to state employees, not private sector workers.

Source: Idaho Capital Sun, May 3, 2024
Available at: https://idahocapitalsun.com/2024/05/03/despite-legislation-dying-during-2024-session-idaho-policy-limits-remote-work-for-state-employees/

What unions or bargaining units negotiated exemptions to Idaho’s RTO policy?

Public information available as of January 2026 does not identify specific unions or bargaining units that negotiated exemptions to Idaho’s state employee telework policy.

The March 2024 policy provides exemptions for:

1. Field employees whose daily responsibilities are conducted outside an office, including Idaho Department of Fish and Game employees, wardens, Idaho Department of Health and Welfare social workers, and attorneys working with clients
2. Rural employees living at least 50 miles away from their agency’s closest office in Idaho who have telework permission

These exemptions appear to be included in the administrative policy itself rather than negotiated exemptions.

For state employee-specific questions: Contact the Idaho Division of Human Resources or your agency’s human resources department.

Division of Human Resources:

• Website: https://dhr.idaho.gov/
• Address: 700 W. State Street, Boise, ID 83702

Source: Idaho Capital Sun reporting; Idaho Division of Human Resources

Is there pending RTO legislation in Idaho?

As of January 2, 2026, there is no pending return to office legislation for either state employees or private sector employers in the Idaho Legislature.

Recent legislative history:

• Senate Bill 1261 (2024 session): Would have limited state employee telework to 15% – Failed to pass
• Senate Bill 1191 (2023 session): Similar telework limitations – Failed to pass

Following the failure of these legislative efforts, Governor Brad Little’s administration implemented an administrative policy through the Idaho Division of Human Resources in March 2024, limiting state employee telework to 20% of workforce out of office on any given day.

To monitor future legislation:

Idaho Legislature Bill Search:

• Website: https://legislature.idaho.gov/
• Search terms: “telework,” “remote work,” “return to office”
• Filter by current session year

Governor’s Office:

• Website: https://gov.idaho.gov/
• Executive Orders page for any new directives

Source: Idaho State Legislature
Available at: https://legislature.idaho.gov/

How does Idaho regulate remote work for private employers?

Idaho does not have specific statutes or regulations governing remote work arrangements for private sector employers. Private employers have broad discretion to set remote work policies under Idaho’s at-will employment doctrine, subject to important limitations.

Framework for private sector remote work:

Employer Discretion: Employers can generally:

• Determine which positions are eligible for remote work
• Set requirements for remote work arrangements
• Change or end remote work policies
• Require return to office

Legal Limitations:

1. Anti-discrimination: Cannot discriminate based on race, color, religion, sex, national origin, age (40+), or disability (Idaho Code § 67-5909)
2. Reasonable accommodation: Must provide reasonable accommodations for disabilities, which may include remote work (Idaho Code § 67-5909; federal ADA)
3. Contracts: Must honor any employment contracts specifying remote work terms
4. Collective bargaining: Must comply with union agreements regarding work location
5. Retaliation: Cannot deny remote work in retaliation for protected activities

No reporting requirements: Unlike some states, Idaho does not require employers to report on remote work policies or justify return to office decisions.

Source: Idaho Department of Labor; Idaho Code Title 67, Chapter 59
Available at: https://www.labor.idaho.gov/ and https://legislature.idaho.gov/