by Scott Holland, on Apr 14, 2023 10:01:41 AM
Indiana employers need a complete understanding of both state and federal leave laws, to help ensure compliance with required legislation and avoid any fines, penalties, or lawsuits. This article will cover the state and federal leave laws that apply to Indiana employers.
Indiana Leave Laws
Businesses in Indiana need to ensure compliance with both federal and state leave laws that are part of a greater set of Indiana Labor Laws. However, important to note is that Indiana does not have any comprehensive paid leave laws. In other words, paid time off (PTO) is not required in Indiana.
Leave laws that Indiana employers must be aware of include:
- Jury Duty Leave
- Indiana Civil Air Patrol Leave
- Indiana Emergency Response Leave
- Family and Medical Leave in Indiana
- Military Family Leave
When it comes to managing employee leave, employers should want to learn more about what is time and attendance software, and how it can help businesses manage employee leave.
Jury Duty Leave
Currently, Indiana does not require paid leave for jury duty. However, employers may not take any adverse action against an employee for taking time off to serve on a jury. Employers are also prohibited from forcing an employee to use any type of accrued leave to serve as a member of a jury.
Important to note, under Indiana Jury Duty Leave, is that an employer may require proof of an employee's jury summons in order to be granted the necessary leave.
Indiana Civil Air Patrol Leave
One of the more unique leave laws in Indiana is Indiana Civil Air Patrol Leave. Under this law, employers may not take any adverse action against an employee for taking leave from work to engage in an emergency service operation if they are a member of the Indiana Civil Air Patrol.
In order to take leave, an emergency service operation must have begun before the employee was scheduled to start work. In the event that the operation begins after an employee has already reported to work, the employee may still leave, provided they first obtain authorization from his or her supervisor before leaving.
Indiana Emergency Response Leave
Employees in Indiana who are also part-time volunteer firefighters or medical service responders have specific leave protections under Indiana Emergency Response Leave.
Under this law, employers may not take any adverse action against an employee for being absent from or leaving work early due to:
- A response to a fire or emergency call that was received before the employee was scheduled to start work;
- A response to a fire or emergency call during work hours, if the employee obtained authorization from his or her supervisor before leaving; or
- An injury that occurred while the employee was engaged in emergency firefighting or other emergency response.
Family and Medical Leave in Indiana
While certain states may have their own Family and Medical Leave laws, Indiana does not. As a result, employers are not required to adhere to any leave rights beyond those required by the federal Family and Medical Leave Act (FMLA). Employers may still choose to create family and / or medical leave policies for employees, but only those with 50 employees or more must manage comply with FMLA guidelines.
Military Family Leave
Indiana Military Leave took effect July 1, 2007. The law applies to employers with 50 employees or more. It requires employers to grant eligible employees up to 10 days of unpaid leave per calendar year for the following circumstances:
- During the 30 days before active duty orders are in effect
- During a period in which the person ordered to active duty is on leave while active duty orders are in effect
- During the 30 days after the active duty orders are terminated
Eligible employees include:
- Those employed by an employer for at least 12 months;
- Those who have worked at least 1,500 hours during the 12-month period immediately preceding the day the leave begins; and
- Those with a spouse, parent, grandparent, child, or sibling who is ordered to active duty (full-time service on active duty orders in the U.S. Armed Forces or the National Guard for a period that exceeds 89 consecutive calendar days).
Get Help Managing Employee Leave in Indiana
Managing employee leave is no easy task, even when the leave laws of the state are a bit less stringent than other states.
To get help managing employee leave or even PTO in Indiana, businesses may want to consider reaching out to an Indiana payroll and HR company. While solutions provided by these types of companies, such as leave management software, can go a long way toward ensuring that leave is tracked and administered properly.
Businesses that struggle with maintaining productivity when employees take time off in Indiana, may want to consider employee scheduling software as a solution. When employees take leave, work schedules can account for it or open up the shifts for employees to request.
Guest Author: Scott Holland
Scott Holland is the Executive Vice President at TruPay, an Indiana human capital management solutions company serving medium and large employee-size organizations throughout the United States. Scott earned a B.S. from Bethel College, majoring in accounting and business administration. He is a member of the AICPA and Indiana CPA Society and has been invited to speak at the Independent Payroll Provider’s Association (IPPA) tax and operations conference.