Idaho recently enacted legislation (Senate Bill 1130) that, with limited exceptions, prohibits employers from requiring employees to obtain a coronavirus vaccination. Senate Bill 1130 became effective immediately on April 6, 2023.
The details
Under Senate Bill 1130, employers doing business in the state are prohibited from requiring coronavirus vaccination as a term of employment, unless:
- Required by federal law.
- The terms of employment include travel to foreign jurisdictions that require coronavirus vaccinations for entry into the jurisdiction.
- The terms of employment require entry into a place of business or facility in a foreign jurisdiction and it requires a coronavirus vaccination for entry into the jurisdiction.
If an employee is required to obtain a coronavirus vaccination related to business travel to a foreign jurisdiction (#2 and #3), the requirement must:
- Be included in the written employment contract between the employer and the employee (if one exists); or
- If an employment contract doesn’t exist, advance written notice must be provided to an impacted employee no less than 14 days prior to the employee being required to receive a vaccination.
The law also prohibits employers from providing or offering any different salary, hourly wage, or other ongoing compensation or benefits to an employee based on whether they have received a coronavirus vaccination. However, the law doesn’t prohibit an employer from offering one-time incentives related to coronavirus vaccinations as long as they don’t result in any different salary, hourly wage, or ongoing compensation or benefits being provided to an employee based on whether they have received a coronavirus vaccination.
Next steps
Review all vaccination-related policies and procedures to ensure compliance with Senate Bill 1130. Consult legal counsel as needed.
Please contact your ADP Service Representative with any questions.