Indiana Family Military Leave - IC § 22-2-13

Covered Employers: Employers with at least 50 or more employees for each working day during each of at least twenty (20) calendar work weeks.

Employee Eligibility: Employees must have worked 1500 hours within the 12 months preceding the leave and with at least 12 months of service who are the spouse, parent, child, sibling, grandparent of a service member called to active duty

Entitlement: Employees are entitled to take 10 days of military leave per calendar year during the 30-day period before the active duty orders are in effect for their military family member, while the family member is on leave from active duty, or within 30 days after the date on which the family member's active duty orders terminate.

Employee Notice: When possible employees should provide 30 days notice of the need for leave, unless the active duty orders are issued less than thirty (30) days before the date the requested leave is to begin.

Obligation to Provide Certifications or Documents Supporting Need for Leave: An employer may require proof from a proper military authority to verify the need for leave. If an employee fails to provide verification required under this subsection, an employer may consider the employee's absence from employment unexcused.

Paid?: Leave is generally unpaid, employers have discretion to require employees to take any accrued unused vacation leave, personal leave, or other paid leave (except for sick or medical leave), in lieu of taking unpaid leave under the IMFLA. If the employer does not require employees to take such paid leave, the worker may nonetheless elect to take the IMFLA leave as paid if the employee otherwise has commensurate paid time off available.

Benefits: Continued at the employee's expense

Reinstatement: Employee must be restored to the same position the employee held before the leave or an equivalent position, with equivalent seniority, pay, benefits, and other terms and conditions of employment.

Other Important Definitions/Requirements: An employer shall not interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under this chapter.

Absence Specifications