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.
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.
The leave laws that Indiana employers must be aware of include:
When it comes to managing employee leave, employers should want to learn more about what time and attendance software is and how it can help businesses manage employee leave.
Many companies also handle required postings regarding employee leave with a labor law poster subscription service, allowing employers to stay up-to-date and compliant with current labor law legislation.
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.
One of the more unique leave laws in Indiana is the 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 he or she is 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 he or she first obtains authorization from his or her supervisor before leaving.
Employees in Indiana that 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:
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 comply with FMLA guidelines.
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:
Eligible employees include:
While the state does not have an encompassing sick leave law, employees in the State civil service are entitled to sick leave under the Public Employer Sick Leave Law.
Full-time public employees can accrue 7.5 hours of sick leave for each 2 months of employment. Employees can also accrue an additional 7.5 hours of sick leave for each 4 months of employment.
Part-time public employees accrue sick leave at the same rate; however, he or she can only accrue 3.75 hours at a time, as opposed to 7.5 hours.
Effective July 1, 2025, under Senate Bill 409, Indiana requires all employers to provide unpaid leave for employees needing to attend his or her child’s school for conferences and meetings. Employees must give reasonable notice to his or her employer except in situations where the leave is considered an emergency. Employers can request documentation for the need to leave.
An employer generally cannot take adverse action if an employee takes unpaid leave for a school meeting unless:
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.
If you are in need of an Indiana payroll and HR provider, contact us or get connected with a provider today.