Personnel

Hiring a Library Director

The selection of a competent library director can be the most important single act undertaken by the board of trustees. In the process of selecting and hiring, trustees should be aware of current practices in the profession, competitive salaries, benefits, and state requirements.

When seeking a director, some boards will place more emphasis on imagination and energy; others, on administrative experience; still others, on education and erudition. Local conditions, such as the library’s size, staff, and fiscal resources, are all factors affecting the selection of the library director.

Preliminary Assessment
The board should make a realistic appraisal of the situation. This includes deciding what qualifications the library requires of a library director and what the library and community can offer him. It is important to offer the best possible salary to secure the services of a qualified administrator. The board should also consider any added incentives or challenges offered by the job opportunity.
The board begins with a hard look at the state of the library by addressing some fundamental questions, such as:

• What is the role of the library in the community today?
• Have the community’s library needs and expectations changed? Has the library kept pace with those needs and expectations?
• What does the community really want or need in the next director?
• What is the reason from the job opening? An exit interview with the departing director is often useful.
• Are you losing someone upward-bound or to retirement?
• Was the previous director dissatisfied? If so, why?

The answers to these questions to these questions will influence the development of the job description. The board may want to redefine the job, elevate the position, and revise qualifications and statements of job responsibilities.

The Job Description
When drafting or revising the job description, it may be helpful to consult the Components of Performance Management section for information on Results-oriented Job Descriptions (ROJDs). Consulting professional literature and the Idaho Commission for Libraries can help ensure that all legal requirements are met.

Discrimination
As with any employer, libraries must abide by federal and state laws that prohibit discrimination in relation to hiring, promotion, and all other working conditions of employment.

Idaho law prohibits discrimination in employment, education, real estate transactions, and public accommodations.

Per the Idaho Commission on Human Rights, illegal discrimination may be based on:

• Race
• Sex
• Color
• National origin
• Religion
• Age (over 40)
• Mental or physical disability
• Reprisal for protected activity

Retaliation against an individual who has engaged in protected activity is unlawful. “Protected activity” means opposing conduct which a person, in good faith, reasonably believes to be unlawful under the anti-discrimination statutes or participating in proceedings of the Idaho Commission on Human Rights, which are set up for the enforcement of the anti-discrimination statutes.

For more information, visit the Idaho Commission on Human Rights.

Genetic Information Discrimination
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009.

Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II (employment agencies, labor organizations, and joint labor-management training and apprenticeship programs — referred to as “covered entities”) from requesting, requiring, or purchasing genetic information, and strictly limits the disclosure of genetic information.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title II of GINA (dealing with genetic discrimination in employment). The U.S. Department of Labor, Health and Human Services, and the Treasury have responsibility for issuing regulations for Title I of GINA, which addresses the use of genetic information in health insurance.

For more information on genetic information discrimination, visit the EEOC.

The library’s state H.R. policies should demonstrate that the library board makes every effort not to discriminate. District library boards have the responsibility for appropriately reviewing their H.R. policies and adopting corrections as appropriate. City library boards follow city H.R. polices and procedures, when available. See the Employment Laws section for more information.

Search Committee
It is good personnel practice to advertise a job opening to as many potential candidates as possible. A library conducts a search even if there are staff members eligible for promotion. Qualified staff members are encouraged to apply and the board stresses that the goal is to select the best person for the job. All applicants receive consideration and due process in accordance with equal opportunity law.

A search committee of the board composes a carefully worded advertisement for publication in professional journals and posting on professional library job sites. Ads published by other libraries serve as examples — some strong and some weak. When composing an ad for the library director’s job, it is fine to borrow wording from the director’s job description. Sticking to the highlights of the job will help keep the ad brief.

• The ad should specify a deadline for submitting applications.
  • This can be an absolute deadline, such as, “Only applications received by January 15 will be considered.”
  • Or it can be a preferential deadline, such as, “Applications received by January 15 will receive preference.” This means that applications received after January 15 will be considered, but only if none of the applications submitted by the deadline result in the hiring of a new director.
• It is important to request a resume, references, and a cover letter — even if applicants are required to complete an application form. A standarized application form is design to be one-size-fits-all and cannot convey the wealth of information about a candidate that can be contained in a cover letter and resume.
• For libraries that do not have an H.R. professional, it is a good idea to designate one trustee to receive applications for the director position, such as the board’s chair/president or secretary.

Word of Mouth
Advertising among friends and colleagues helps spread the news of an available position. Sending job announcements to LibIdaho and other regional and national listing services enlarges the pool of potential applicants. The Resources section below lists appropriate professional library job posting sites.

Interviewing and Selection
Prior to conducting interviews, the search committee adopts standards for rating applications as well as a list of questions to be asked for each candidate.

• When each candidate is asked to respond to the same set of questions, there is an equal basis for evaluation.
• It is a good idea to ask library staff if they would like to suggest any interview questions.
• The board must be careful to ask only job-related questions, as it is illegal to ask questions about an applicant’s age, marital status, family life, health history, arrest record, or outside interests.
• The interview will proceed smoothly and legally when only appropriate topics are discussed, and the same list of questions is used for each candidate’s interview.
• An evaluation sheet should be used by the interview committee to note the candidate’s responses and committee members’ impressions. This makes it easier to compare the committee’s impressions of each candidate. If your board does not have an evaluation sheet that it uses, you could ask other library boards to share their form. There are also lots of evaluation sheets available on the Web, such as the Candidate Interview Evaluation Form and the Candidate Assessment Form used by Case Western Reserve University.

Other Decisions to Be Made Prior to Interviewing

• Will the new director be offered a contract, schedule, or open-ended agreement?
• How much is the budget for interviewing expenses?
• Will the library be offering a relocation allowance?
• Have all invited candidates been informed of the board’s policy on these expenses?

Interview and Selection Process

• Receipt of all applications is acknowledged promptly. Applicants who do not meet established qualifications — or did not qualify as a finalist — are notified.
• References are checked, using a standard form, being making a job offer.
• The number of applicants to be interviewed, usually three to five people, is decided before finalists are invited.
• The order of preference for interviews is determined and letters are sent to scheduled candidates.
• One person is designated to conduct interviews with others assisting. The interview team is kept to a reasonable size, usually three to five people.
• The interview location, accommodations for the candidate, a tour of the library and community are planned well in advance of the interview date(s).
• Allowing adequate time for discussion is important, as the interview is a mutual evaluation process. The committee provides the candidate with a fair and accurate picture of the library, working conditions, and expectations.
• Allowing time between interviews to complete evaluation sheets — while the interviewers’ reactions to candidates are still fresh — makes the interview team more productive and efficient.

After All Interviews Have Been Completed

• The candidates most likely to succeed as library director are selected, through discussion and by ranking candidates based on interview evaluations.
• The commitee seeks consensus.
• The top candidate is contacted, preferably by telephone, to make a formal offer. The candidate may then ask for some time to consider the offer before responding. It is considered polite for the candidate to respond within 24 hours to accept or decline the offer or to ask for two or three additional days to give a final response to the job offer.
• The telephone call is followed up with an information letter and/or contract which includes details of appointment, duties, salary, benefits, evaluation, and starting date. It is important to include a second copy for the new director’s signature and to specify the deadline for returning the document(s).
• All other candidates who interviewed are thanked in writing and informed of the committee’s decision only after acceptance has been received from the successful candidate.
• If the committee’s first choice declines or is unavailable, the board can then quickly contact the second choice.

New Director

If the new director is not a local candidate, the board will need to schedule an orientation and assist with relocation. Useful information includes help with school and housing and additional information on the library and the community. A subscription to the local newspaper and back copies of the library’s newsletter are valuable tools to acclimate the new library director.

News releases and photographic coverage are arranged as part of the new director’s welcome. Personal introductions to staff members, trustees, community representatives, and local government officials are scheduled promptly. An open house or reception hosted by the board is a standard courtesy.

A trial period of six months to one year allows time for the board and the director to develop a working relationship and to evaluate the library administration. Early in this period some short- and long-term goals and expectations are mutually agreed upon.

Midway through the trial period, an informal review of the director’s performance is conducted. There is more information in the section on Director’ Performance Appraisal. A “final” trial-period evaluation is developed by the board and discussed concerning the decision to retain or dismiss the director. If performance is in doubt, problems are documented carefully. Dissatisfaction is recorded and discussed. The diligent board never retains a director when a majority of its members is convinced that no improvement is possible.

If the board finds itself in this position, it can seek help from on outside impartial consultant.

Adapted from the Georgia Public Library Trustee Handbook, 1984, published by the Georgia Library Trustee and Friends Association, in cooperation with the Division of Library Services, Georgia Department of Education and Dekalb Library System.

Resources for Posting Director Positions

• LibIdaho — Idaho’s listserv — free of charge, subscription required.
• INALJ — (formerly I Need a Library Job) is a one-stop shop for posting and finding library jobs. This service is free but donations are always welcome.
• PNLA — The Pacific Northwest Library Associations Jobs List — PNLA is an organization of people who work in, with, and for libraries in Alaska, Alberta, British Columbia, Idaho, Montana, and Washington. There is no charge to post employment announcements on the PNLA Jobs page.
• ARSL — The Association of Rural and Small Libraries Job Postings — ARSL is the premiere professional organization for trustees and staff of rural and small libraries. There is no charge to post to the Job Listings Page. ARSL members in good standing can also post jobs to the member listserv. There is more information on the ARSL website.
• MPLA — The Mountain Plains Library Association Jobline — MPLA is a 12-state association of librarians, library paraprofessionals, and friends of libraries in Arizona, Colorado, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, South Dakota, Utah, and Wyoming. For libraries outside the MPLA region there is a $25 fee to post.
• Libjobs — A fee-based job board service provided to corporate, public, academic, and K-12 Libraries.
• ALA JobLIST — A fee-based service of the American Library Association (ALA) and the Association of College & Research Libraries (ACRL).

Director Performance Appraisal

Boards of trustees are evaluating their library director all the time; by instinct, on what they see in the library and hear from the public as well as the “feel” and reputation of the library. The performance appraisal is closely tied to the successful implementation of the library’s strategic plan. A formal, written performance appraisal is an essential management practice. The evaluation of the library director is the foundation of the evaluation process for the library as a whole.

Purposes of the Performance Appraisal

• To provide the director with a clear understanding of the board’s expectations;
• To ensure that the director is aware of how well those expectations are being met;
• To serve as a formal vehicle of communication between the board and director;
• To identify and give credit for a job well done;
• To identify the board’s existing concerns so that appropriate action can be taken;
• To review annual accomplishments of the library and ensure the continued effectiveness of the director;
• To demonstrate sound management practices and accountability to community stakeholder.

Factors in Reviewing the Performance of Library Directors
Directors are accountable to varied and sometimes conflicting constituencies. The board and the director must recognize these groups and agree on the prioritization of the demands of each.

• Elected officials and the appointed governing officer who supervises other municipal department heads;
• The library staff members who have diverse personal expectations for their director;
• Public pressure groups that exert pressure on the director to respond to their concerns;
• Individual members of the board of trustees who have personal priorities for the library and the director.

Good communication, good public relations, a written strategic plan, and clear library policies will all help the board and director deal with any conflicting expectations. The performance appraisal method and process can be designed to include input from all these groups, but the final responsibility rests with the board.

The following are some factors that could be considered in the director’s performance appraisal. The list is not all-inclusive, nor is every item necessary for every library. There are probably other factors that each concerned party could add, and some factors included that the board may consider irrelevant. These factors are a reference point for the board to develop the type of evaluation that is best for its institution and its situation.

• Board Relationship;
• Strategic Planning;
• Preparing and Managing the Budget;
• Personnel Administration;
• Professional Knowledge and Awareness of Best Practices and Trends;
• Implementation of Board Decisions;
• Collection Development;
• Staff Development;
• Library Service;
• Activity in Professional Organizations;
• Policy Recommendations to Board;
• Working Relations with Friends, Foundation, Community, City (if a city library);
• Maintenance and Development of Facilities and Vehicles.

Performance Management

Performance management is the ongoing collaborative process to support library employees’ success and accomplish the strategic mission of the library. It is a year-round partnership between the director and the board and between the director and the staff to create shared understanding about the results to be accomplished and how that will be done. As a part of planning for the future, performance management requires continually asking ourselves:

• What we need to do;
• How we need to do it;
• How we can do it better.

All employees will know what their job is and what impact their daily activities have on the mission and values of the library. Employees are responsible for their work and accountable for results.

A successful performance management process manages real and potential conflict through open and honest communication focusing on the growth and improvement of individuals. The ideal is to communicate openly, frequently, and freely — up, down, and across the library — so that situations are handled, and problems are solved before they become crises.

Performance management is a cyclical process that involves

• developing the Results-Oriented Job Description (ROJD);
• developing the work plan for the coming year;
• observing performance;
• providing and receiving feedback;
• learning from experiences and applying that learning to clarify expectations and improve performance;
• planning, coaching, feedback, and development for all employees.

Components of Performance Management
ROJD — Results-oriented Job Description

• Focuses on the library’s desired results for the position;
• Identifies specific tasks and activities to achieve each result;
• Results are the outcomes or consequences of activities;
• Aligns with the library’s mission and strategic plan goals;
• Results and goals are commonly used interchangeably;
• Most positions will have two or three primary results.

Focusing on results instead of tasks allow employees to be more flexible and creative in their jobs. It also helps employees understand how their position fits into the structure of the library.

In addition to the results, an ROJD includes

• The purpose of the position;
• The position’s place in the library;
• The customers to be served;
• The general, typical, or ongoing activities under each result;
• How the position relates to
  • Library values;
  • Customer service;
  • Relationships;
  • Collaboration;
  • Being a learning organization.

Annual Work Plan
In the context of the ROJD’s results, describes for the next year

• Major activities
  • Projects
  • Accomplishments
• Some items may duplicate those in the ROJD
• Others reflect specific
  • Targets
  • Areas of focus
  • High priorities
• May be incorporated into the ROJD or may be a separate document
• Aligns with the library’s mission and strategic plan goals

Performance Appraisal
The performance appraisal is the collaborative process between the library’s director and board of assessing the work performance and critical work behaviors of the employee. Performance appraisals should be done at the end of the director’s entrance probation (six months) and at least annually after that. This appraisal process is used to review the ROJD, the results achieved, and the relationships between the director, the board, staff members, and customers. The performance appraisal is an annual documentation of the regular discussions held throughout the year.

Guidelines

1. The performance management process is ongoing.
2. Within a month after a new employee begins work, the employee and supervisor and, if appropriate, other team members, meet to discuss and agree upon the ROJD and set the work plan for the six-month training period. At the successful completion of this training period, another review of the work plan takes place. The work plan is then reviewed as needed, and at least annually.
3. Feedback is provided to individuals on their performance expectations and how they can improve. Using the ROJD, employees have regular discussions with their supervisor, and when appropriate, with other team members, for feedback on performance to share what they’ve learned and how it’s been applied and to identify areas that require problem-solving or additional training. Key areas to consider include:
   • Are expectations being met?
   • How do we know?
   • What are we learning?
   • What proficiencies are being developed?
   • How are these proficiences being applied to the job to achieve results?
   • What adjustments need to be made to the ROJD?
   • What are the recent successes and failures?
   • What was learned and applied from these experiences?
4. The completed performance appraisal document consists of:
   • Employee self-appraisal — See Self-Appraisal Form
   • Peer and customer input as appropriate
   • Review of the ROJD and work plan from the completed appraisal period
   • Completion of the performance appraisal form by the board
   • Assessment of overall performance
   • Description of identified employee development if any
   • ROJD and work plan for the next appraisal period agreed upon by the employee and supervisor
5. Performance appraisals may be used in disciplinary actions and therefore are open for review by some individuals outside the library if legal issues surface.

Performance Appraisal Procedure

The performance appraisal is intended to be a positive, developmental process that includes praise and constructive guidance on how the employee’s performance might improve in the future.

Evaluation should be based on the director’s demonstrated ability to meet the objectives of the annual library work plan. This is not intended to be the board’s subjective appraisal of the director’s personality traits. It should consider the entire range of responsibilities summarized in the director’s job description. The board should work with the director to develop an evaluation process that includes stated criteria and a rating system. Neither the evaluation process, nor the criteria used to evaluate performance, nor the content of the evaluation should come as a surprise to the director. The director should know the expectations of work and the criteria that will be used to measure success. The following indicators may serve as criteria to evaluate the performance of a library director in fulfilling the essential functions of the position:

• Ability to use public funds wisely;
• Ability to prepare budgets that can support library services and programs;
• Ability to prepare accurate and clearly written financial reports;
• Ability to meet milestones of both long-range and annual plans;
• Ability to keep the board informed of library concerns and achievements;
• Ability to serve as technical advisor to the board regarding library issues;
• Ability to maintain good relationships with those the library serves, library supporters, library staff, other libraries, and political and professional entities;
• Ability to learn from past mistakes by avoiding performance problems that had been raised in the past.

United for Libraries offers help on evaluation with the following resources:

• Organizational Tools for Trustees includes sample library director evaluations;
• Trip Sheet #6: Evaluating the Library Director provides an overview of evaluations.

When meeting to work on the library director’s annual performance evaluation or to discuss the evaluation with the director, the board does so in executive session. The procedure for going into executive session is given in section 206(b), title 74, Idaho Code.

The steps in the annual documentation of performance are as follows:

• The director completes a performance self-appraisal for the past year considering her work plan and submits it to the board.
• Peer and/or customer review input is requested, if desired.
• The board prepares written comments on the employee’s performance using the performance appraisal form and reviewing the relevant documents.
• The board members meet without the director present to complete the final appraisal form. They attempt to reach consensus on how they, as a body, summarize the appraisal. Some examples:
  • https://www.ala.org/united/sites/ala.org.united/files/content/trustees/short-takes/Short%20Takes%208.pdf
  • htps://www.ala.org/united/sites/ala.org.united/files/content/trustees/orgtools/mid-hudson-dir-eval-2.doc
• The board’s written appraisal is given to the director and then discussed in an executive session scheduled as part of a regular or special board meeting.
• The director and board discuss the appraisal and any developmental issues that need to be addressed.
• Once both the board and director have agreed on the appraisal results, the appraisal form is signed, and copies go to the employee and to the employee’s personnel file.
• At this meeting, or at a subsequent meeting, the board and director agree upon a work plan for the next appraisal period.

Self-Appraisal

What is a self-appraisal?
A self-appraisal is both a process and a document. It is a process of reflecting back on the job over the past year. It is a time to compare what actually happened to what the ROJD and last year’s work plan said was expected to happen, to evaluate what worked well, what did not work so well, and what was learned. It is also a time to look forward and propose a work plan for the coming year. The self-appraisal is also a written document that describes the result of the reflection process. It makes up one piece of the performance appraisal.

Why is the self-appraisal important?
The appraisal process at the library is a collaboration between employee and supervisor. Because an employee best understands what challenges were encountered and what was learned, that employee’s own perspective is essential for a complete appraisal. Supervisors can observe and comment on the results of employee actions but cannot know for certain what was learned. Supervisors can provide direction and coaching, but each employee has the ultimate responsibility for doing the job, making improvements, and accomplishing results.

Who reads the self-appraisal and why?
The self-appraisal is written for both the employee and the supervisor. It will be an important starting point for the appraisal discussion. A director’s self-appraisal will be read by members of the library board. It is included with the performance appraisal documents filed in the employee’s confidential human resource files.

When is the self-appraisal written?
A self-appraisal is prepared as part of each employee’s annual performance appraisal. Employees reflect throughout the year on what is happening with their jobs, what they are learning, and in which areas they need training and development.

What is the link between the self-appraisal and:

• The ROJD and work plan? The ROJD includes a job purpose statement, two to three results to be achieved, and both ongoing activities and activities specific to the year that contribute to each result. The ROJD puts the annual work plan in context, detailing why it is relevant and important for the position. At least once a year, during the performance appraisal, the ROJD is reviewed by employee and supervisor and, if necessary, updated to describe the position more accurately.

  Determining the work plan for the coming year is another important part of the annual performance appraisal. Reflecting on what happened the past year is used as a basis for deciding what needs to be learned, improved upon, or undertaken in the coming year.

• The library’s mission and goals? Employees use these when setting and evaluating their work plan and to identify their roles in achieving the team’s results.
• The supervisor’s appraisal? As mentioned above, the employee and supervisor collaborate in doing the performance appraisal. The supervisor will use the employee’s self-appraisal in preparing for the appraisal discussion and in writing any additional appraisal comments.

What information does the self-appraisal contain? What does it look like?
The self-appraisal focuses on the accomplishments of the work plan that was set for the year as well as on the employee’s performance as it relates to the Performance Evaluation measurements. Briefly describe what has happened; what has worked; what has not worked; what has been accomplished; how those accomplishments have contributed to the results of the position; how the job has changed; and, most importantly, what has been learned from the experience.

The purpose of the ROJD is to avoid describing the job and listing activities. It is best to avoid writing a very long, or very short, self-appraisal. For many people, focusing on three or four significant events, accomplishments, or experiences is more effective than going into great detail. Another approach is to comment briefly on some expectations and go into more detail on a few. The employee and supervisor can determine how much detail is appropriate.

The self-appraisal notes how the work of the position has changed over the past year as circumstances have changed. For example, if new computer software has been installed or new co-workers have been hired. It is fine for the employee and supervisor to change or add to the work plan during the year to reflect changes in the job. The self-appraisal may also include a section of “unexpected” or “additional activities or accomplishments.”

The format of a self-appraisal is clear and easy for all appraisal reviewers to understand and to link self-appraisal comments with the employee’s work plan and ROJD results. The work plan and self-appraisal elements can be inserted into the ROJD document, under the appropriate result.

Employment Laws

Although all of the employment laws that might affect the library cannot be covered in detail, the following list contains important laws and what they do. These descriptions are not intended to explain the law fully, but to send up some “warning signals” of areas of concern to the library board.

Minimum Wage

• Federal
• State
• Almost all library workers will fall under these minimum wage laws. The library is obliged to pay them at or above minimum wage. To found out more about minimum wage, follow the links above or contact your library’s Human Resources professional or attorney.

Idaho Code Requires that Library Staff Be Paid
Idaho Code § 33-2702(6) requires that public library service be delivered by paid staff who have received appropriate training in library skills and management. This requirement applies to both city and district libraries in Idaho. The Idaho Commission for Libraries provides training free of charge. For more information, contact your ICfL public library consultant.

Fair Labor Standards Act (FLSA)

• This law includes the federal minimum wage as well as requirements for overtime pay and compensatory (comp) time.
• In addition, the FLSA includes child labor provisions, which set certain limitations on the use of juveniles as employees. Libraries that employ students under 18 years of age as pages, need to be aware of these restrictions.
• The FLSA also prohibits employees from contributing volunteer hours doing the same thing that they get paid for.

State and Federal Civil Rights Laws
These laws prohibit employers from discriminating on the basis of race, color, religion, sex, or national origin, in hiring, promotion, and other employment policies.

• State
• Federal

Age Discrimination in Employment Act of 1967 (ADEA)
This law protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions, or privileges of employment.

The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC).

Americans with Disabilities Act of 1990 (ADA)
The Americans with Disabilities Act of 1990 (42 U.S.C. § 12101) is a civil rights law that prohibits discrimination based on disability. The ADA affords similar protections again discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities and imposes accessibility requirements on public transportation.

The Family and Medical Leave Act of 1993 (FMLA)
The Family and Medical Leave Act of 1993 (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

• Twelve (12) work weeks of leave in a 12-month period for
  • The birth of a child and to care for the newborn child within one year of birth;
  • The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • To care for the employee’s spouse, child, or parent who has a serious health condition;
  • A serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty”; or
• Twenty-six (26) work weeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caretaker leave).
• Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:
  • Works for a covered employer;
  • Has worked for the employer for at least 12 months;
  • Has at least 1,250 hours of service for the employer during the 12-month period immediately preceding the leave; and
  • Works at a location where the employer has at least 50 employees within 75 miles.

More information on the Family and Medical Leave Act is available here.

On February 23, 2015, the U.S. Department of Labor’s Wage and Hour Division announced a Final Rule to revise the definition of spouse under the Family and Medical Leave Act of 1993 (FMLA) in light of the United States Supreme Court’s decision in United States v. Windsor, which found section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. The Final Rule amends the definition of spouse so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live. More information is available at the Wage and Hour Division’s FMLA Final Rule Website.

Prohibited Conduct by Public Servants
Both chapter 13, title 18 — Bribery and Corruption and chapter 4, title 74 — Transparent and Ethical Government deal with prohibited conduct on the part of Idaho’s public servants. One of these prohibitions is against nepotism, the hiring and employment of one’s relatives.

• Bribery and Corrupt Practices — Definitions: I.C. § 18-1351
• Using Public Position for Personal Gain: I.C. § 18-1359
• Penalties: I.C. § 18-1360
• Self-Interested Contracts — Exception: I.C. § 18-1361
• Noncompensated Appointed Public Servant — Relatives of Public Servant — Exception: I.C. § 18-1361(A)
• Cause of Action: I.C. § 18-1362
• Transparent and Ethical Government — Ethics in Government — Definitions
• Required Action in Conflicts: I.C. § 74-404
• Noncompensated Public Official — Exception: I.C. § 74-405
• Civil Penalty: I.C. § 74-406

Idaho Ethics in Government Manual
This guide, published by the Office of the Attorney General of the State of Idaho, explains how statutes govern the ethical behavior of public officers and ensure that public officials remain public servants. This document is available here. This document is also available in printed booklet form by contacting the Attorney General’s office at 208-334-2400.