Indiana FMLA

Private and Public Sector Employees:

Family Military Leave:

• If a private or public sector employer has 50 or more employees, the employer must provide up to 10 days of unpaid leave to employees who want to visit family members serving in the military.
• This rule defines family members as an employee's spouse, parent, guardian or custodian, grandparent, brother, sister, or adopted brother or sister.
• Leave of this kind must occur in specified periods;
  • During the 30 days before active duty orders are in effect.
  • During a period which the person on leave but still on active duty.
  • Or during the 30 days after active duty orders are terminated.
• To be eligible for this leave, an employee must have been employed for at least 12 months and worked 1500 hours during the past 12-month period.
• Eligible employees may take any available earned vacation leave, personal leave, or other paid leave except paid medical or sick leave for the 10 days available under this law.
• Employees must give their employer at least 30 days' notice before the starting date of the requested leave, unless;
  • The active duty orders are issued less than 30 days before the starting date of the requested leave.
• Employers may require employees to provide verification of eligibility for leave.

Public Sector Employees:

This sector includes:

State employees

Indiana Leave laws (additional to FMLA) for state employees:

Family Sick Leave:

• The state employees' family leave allows employees (both state-merit and non-merit) to use accrued sick leave for an illness or injury in the employee's "immediate family" that requires the employee to be absent from work.
• "Immediate family" is defined under this law as a spouse, child, or parent who resides with and is dependent on the employee for care and support.
• An employee may be required to submit verification from the attending physician, or another designated physician (at the expense of the employer).
• "Immediate family" is defined as a "spouse, child, or parent who resides with, and is dependent upon, the employee for care and support." The employee may be required to submit a medical certificate from the attending physician, or a designated physician (at the employer's expense).

Birth of a Child:

• Employees may take 1 year of leave for the birth of a child.

Military Leave:

• An employee can be granted a leave of absence without pay to cover the length of his or her service in the armed forces of the United States.
• During military leave, the employee will accrue credit for length of service for promotion or for other changes in status.
• No sick leave, personal leave, or vacation leave will accrue during military leave.
• Upon return from military leave, the employee will be reinstated to his or her former class or position if;
  • He or she was separated honorably from the service.
  • And is physically and mentally fit to perform his or her assigned duties.