Idaho § 46-407 - Reemployment rights
Full text of Idaho Idaho Statutes § 46-407 — Reemployment rights, with citation guidance and answers to common questions.
§ 46-407. Reemployment rights
(a) Any member of the Idaho national guard who is ordered to duty by the governor, or any Idaho employee who is a member of the national guard of another state and who is called into active service by the governor of that state, and who at the time of such order to duty is employed by any employer other than the United States government, shall be entitled to reemployment as set forth in section 46-409 , Idaho Code.
(b) If the member is still qualified to perform the duties of the position he held at the time of the order to duty, he shall be restored by the employer or the employer’s successor in interest to that position or one of like seniority, status and pay. If the member 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 member that position which he is qualified to perform which is most similar to his former position in seniority, status and pay.
(c) Any person who is reemployed under this section shall not be discharged without cause within one (1) year after such reemployment.
(d) If any employer fails or refuses to comply with this section, the district court in the county in which the member was employed shall have the power, upon petition by the member, to compel the employer to comply with this section and to compensate the member for lost wages and benefits, for costs of the action, and for reasonable attorney’s fees. The court shall order a speedy hearing in any such case and advance it on the calendar.
[46-407, added 1984, ch. 139, sec. 1, p. 328; am. 2007, ch. 276, sec. 1, p. 805.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 46-407
What does Idaho Statutes § 46-407 cover?
Section 46-407 ("Reemployment rights") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 46-407?
A common citation format is "Idaho Statutes § 46-407" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 46-407 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.