State Law > Indiana > Indiana Family and Medical Leave Law

Indiana Family and Medical Leave Law

 

Indiana Family and Medical Leave

Indiana does not have a family and medical leave statute. However, certain statutes do allow teachers leave for family and medical reasons.
Teachers

  • IC 20-6.1-6-3 -- Sec. 3. Leave of Absence.Sickness or Disability.
  • IC 20-6.1-6-4 -- Sec. 4. Leave of Absence.Pregnancy.

Breast Feeding

  • IC 16-35-6 -- Chap 6. Breastfeeding

Bone Marrow and Organ Donation Leave

  • IC 4-15-16-1. Bone marrow and organ donation leave; State employees.
  • IC 4-15-16-2. Persons not covered.
  • IC 4-15-16-3. Bone marrow defined.
  • IC 4-15-16-4. Employee defined.
  • IC 4-15-16-5. Organ defined.
  • IC 4-15-16-7. Bone marrow donation; requests for leave.
  • IC 4-15-16-8. Organ donation; Requests for leave.
  • IC 4-15-16-9. Leave terms.

Sec. 20-6.1-6-3 -- Sec. 3. Leave of Absence.Sickness or Disability.

A school corporation may place a teacher, with or without written request, on a disability or sick leave for at most one (1) year. However, a teacher placed without a written request is entitled to a hearing on that action in accord with IC 20-6.1-4-10 and IC 20-6.1-4-11.

Sec. 20-6.1-6-4 -- Sec. 4. Leave of Absence.Pregnancy. A teacher who is pregnant may continue in active employment as late into pregnancy as she wishes, if she can fulfill the requirements of her position. Temporary disability caused by pregnancy shall be governed by the following:

(1) Any teacher who is pregnant shall be granted a leave of absence any time between the commencement of her pregnancy and one (1) year following the birth of the child, if she notifies the superintendent at least thirty (30) days before the date on which she wishes to start her leave. She shall notify the superintendent of the expected length of this leave, including with this notice either a physician's statement certifying her pregnancy or a copy of the birth certificate of the newborn, whichever is applicable. However, in the case of a medical emergency caused by pregnancy, the teacher shall be granted a leave, as otherwise provided in this section, immediately on her request and the certification of the emergency from an attending physician.

(2) All or part of a leave taken by a teacher because of a temporary disability caused by pregnancy may be charged, at her discretion, to her available sick days. However, the teacher is not entitled to take accumulated sick leave days when the teacher's physician certifies that the teacher is capable of performing the teacher's regular teaching duties. The teacher is entitled to complete the remaining leave without pay. However, the teacher may receive compensation for the pregnancy leave pursuant to a collective bargaining agreement or, if the teacher is not represented by an exclusive representative, by board policy.

Sec. 16-35-6 -- Chap 6. Breastfeeding

Sec. 1. Notwithstanding any other law, a woman may breastfeed her child anywhere the woman has a right to be.

Bone Marrow and Organ Donation Leave

Sec. 4-15-16-1. Bone marrow and organ donation leave; State employees.

This chapter applies to an employee of a state agency, including an employee who is a party to:

(1) a collective bargaining agreement entered into after June 30, 2002, unless otherwise provided in the collective bargaining agreement; or

(2) an employment contract with a state agency entered into after June 30, 2002, unless otherwise provided in the employment contract.

Sec. 4-15-16-2. Persons not covered.

This chapter does not apply to an inmate placed in the unclassified service under IC 4-15-2-7.

Sec. 4-15-16-3. Bone marrow defined.

As used in this chapter, "bone marrow" means the soft material that fills human bone cavities.

Sec. 4-15-16-4. Employee defined.

As used in this chapter, "employee" means a person who is employed full time by a state agency.

Sec. 4-15-16-5. Organ defined.

As used in this chapter, "organ" means a lung, a kidney, or another organ that requires the continuous circulation of blood to remain useful for purposes of transplantation.

Sec. 4-15-16-6. State agency defined.

As used in this chapter, "state agency" means an authority, a board, a branch, a commission, a committee, a department, a division, or another instrumentality of state government. The term does not include the following:

(1) A state educational institution (as defined in IC 20-12-0.5-1).

(2) A state elected official's office.

(3) The legislative and judicial branches of state government.

(4) The state police department.

Sec. 4-15-16-7. Bone marrow donation; requests for leave.

If an employee of a state agency:

(1) requests a leave of absence from the employee's agency so that the employee may serve as a bone marrow donor; and

(2) provides the employee's agency with written verification by a physician that the employee is to serve as a bone marrow donor;
the state agency shall grant the employee a leave of absence of not more than five (5) work days, as determined by the attending physician, during which the employee may serve as a bone marrow donor.

Sec. 4-15-16-8. Organ donation; Requests for leave.

If an employee of a state agency:

(1) requests a leave of absence from the employee's agency so that the employee may serve as a human organ donor; and

(2) provides the employee's agency with written verification by a physician that the employee is to serve as a human organ donor;
the state agency shall grant the employee a leave of absence of not more than thirty (30) work days, as determined by the attending physician, during which the employee may serve as a human organ donor.

Sec. 4-15-16-9. Leave terms.

(a) An employee who is granted a leave of absence under this chapter is entitled to receive the employee's regular salary without interruption during the leave of absence.

(b) A leave of absence granted to an employee under this chapter is in addition to vacation days, sick days, personal days, and compensatory time that the employee accrues.

(c) An employee's service shall be considered uninterrupted by a leave of absence under this chapter for purposes of determining the following:

(1) Seniority.

(2) Salary or salary advancement.

(3) Performance awards.

(4) The receipt of a benefit that may be affected by a leave of absence.

Sec. 4-15-16-10. Retaliation prohibited.

A state agency may not retaliate against an employee for requesting or obtaining a leave of absence under this chapter.

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