Military Family Leave
IC 22-2-13-1 Application of chapter Sec. 1. This chapter applies to an employer that employs at least fifty (50) employees for each working day during each of at least twenty (20) calendar work weeks.
IC 22-2-13-2 "Armed forces of the United States" Sec. 2. As used in this chapter, "armed forces of the United States" means the active or reserve components of:(1) the Army;(2) the Navy;(3) the Air Force;(4) the Coast Guard;(5) the Marine Corps; or(6) the Merchant Marine.
IC 22-2-13-2.5: Sec. 2.5. As used in this chapter, "child" means a
biological child, adopted child, foster child, or stepchild.
IC 22-2-13-3 "Employee"Sec. 3. As used in this chapter, "employee" means a person employed or permitted to work or perform services for remuneration under a contract of hire, written or oral, by an employer.
IC 22-2-13-4 "Employer"Sec. 4. As used in this chapter, the term "employer" includes the state and political subdivisions of the state.
IC 22-2-13-5: Sec. 5. As used in this chapter, "grandparent" means
a biological grandparent, an adoptive grandparent, a foster
grandparent, or a stepgrandparent.
IC 22-2-13-7 "Active duty" Sec. 7. As used in this chapter, "active duty" means full-time service on active duty orders in:(1) the armed forces of the United States; or(2) the National Guard;for a period that exceeds eighty-nine (89) consecutive calendar days.
IC 22-2-13-8 "National Guard"Sec. 8. As used in this chapter, "National Guard" means:(1) the Indiana Army National Guard; or(2) the Indiana Air National Guard.
IC 22-2-13-9: Sec. 9. As used in this chapter, "parent" means:
(1) a biological father or mother;
(2) an adoptive father or mother;
(3) a court appointed guardian or custodian;
(4) a foster parent; or
(5) a stepparent.
IC 22-2-13-10: Sec. 10. As used in this chapter, "sibling" means:
(1) a biological brother or
(2) an adoptive brother or sister;
(3) a foster brother or sister; or
(4) a stepbrother or stepsister.
IC 22-2-13-11: Sec. 11.
(a) An employee who:
(1) has been employed by an employer for at least twelve (12)
months;
(2) has worked at least one thousand five hundred (1,500) hours
during the twelve (12) month period immediately preceding the
day the leave begins; and
(3) is the spouse, parent, grandparent, child, or sibling of a person
who is ordered to active duty;
is entitled to an unpaid leave of absence as provided in subsection (b).
(b) An employee may take a leave of absence during one (1) or more
of the following periods:
(1) During the thirty (30) days before active duty orders are in
effect.
(2) During a period in which the person ordered to active duty is
on leave while active duty orders are in effect.
(3) During the thirty (30) days after the active duty orders are
terminated.
(c) The leave of absence allowed each calendar year under
subsection (a) may not exceed a total of ten (10) working days.
(d) An eligible employee may elect, or an employer may require the
employee, to substitute any earned paid vacation leave, personal leave,
or other paid leave, except for paid medical or sick leave, available to
the employee for leave provided under this chapter for any part of the
ten (10) day period of such leave.
IC 22-2-13-12Employee notice; employer verification Sec. 12.
(a) An employee who wants to take a leave of absence under this chapter shall provide written notice, including a copy of the active duty orders if available, to the employee's employer of the date the leave will begin. An employee shall give at least thirty (30) days notice before the date on which the employee intends to begin the leave, unless the active duty orders are issued less than thirty (30) days before the date the requested leave is to begin.
(b) An employer may require verification of an employee's eligibility for the leave. If an employee fails to provide verification required under this subsection, an employer may consider the employee's absence from employment unexcused.
IC 22-2-13-13 Employee post-leave restoration to same or equivalent position Sec. 13.
(a) Except as provided in subsection (b), after an employee takes a leave of absence under this chapter, an employee must be restored to:
(1) the position that the employee held before the leave; or
(2) a position equivalent to the position that the employee held before the leave, with equivalent seniority, pay, benefits, and other terms and conditions of employment.
(b) An employer is not required to restore an employee to a position described in subsection (a) if the employer proves that the reason that the employee was not restored to the position is unrelated to the employee's exercise of the employee's rights under this chapter.