Introduced Version






SENATE BILL No. 89

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 1-1-11-2.

Synopsis: Absence from employment on Veterans' Day. Requires an employer to grant an absence from employment on Veterans' Day if the employer receives advance notice of the absence from an employee who is an honorably discharged veteran.

Effective: July 1, 2001.





Simpson




    January 8, 2001, read first time and referred to Committee on Pensions and Labor.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 89



    A BILL FOR AN ACT to amend the Indiana Code concerning labor.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 1-1-11-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) As used in this section, "employee" means a person employed or permitted to work or perform any service for remuneration or under a contract for hire, written or oral, express or implied, by an employer in any occupation. However, the term does not include the following:
        (1) An employee of the state subject to IC 4-1-2-1.
        (2) An employee of the federal government.
    (b) As used in this section, "employer" means an individual, a partnership, an association, a limited liability company, a corporation, or a business trust. The term does not include the following:
        (1) The state.
        (2) The federal government.
    (c) As used in this section, "honorably discharged veteran" includes persons placed on inactive duty under honorable conditions but not discharged from military service.

     (d) The governor shall issue a proclamation annually setting apart

and designating November 11 as Veterans' Day. The governor in the proclamation shall:
        (1) recommend that all places of business, other than school corporations and places of business necessary to the immediate health and welfare of the citizens of the state, remain closed in commemoration of Veterans' Day; and
        (2) proclaim that Veterans' Day be observed generally throughout the state as a day on which to hold appropriate exercises in commemoration of the historical events associated with the day.
    (b) (e) School corporations shall observe Veterans' Day each year with appropriate exercises in commemoration of the historical events associated with the day. If classes are not conducted on November 11, the school corporation shall conduct these exercises on the first day after November 11 on which classes are conducted.
    (f) If:
        (1) an employer does not close for business in commemoration of Veterans' Day as set forth in subsection (d)(1); and
        (2) an employee who is an honorably discharged veteran notifies the employer not later than October 28 of the employee's intent to be absent from employment on Veterans' Day in the same year;
the employer shall grant the employee an excused absence from employment on Veterans' Day.
    (g) If the conditions in subsection (f) are met, an employer may not discipline the employee for failure to report for employment. Disciplinary sanctions prohibited under this subsection include, but are not limited to, the following:
        (1) Loss of pay (other than the loss of salary or wages that may have been earned if the employee had worked on Veterans' Day).
        (2) Substitution of vacation time, time paid for illness, or free time for the missed employment.
        (3) Substitution of compensatory time earned through past or future employment with the employer for the missed employment.
        (4) A notation
of the employee's absence on Veterans' Day placed in the employee's personnel files that may be considered during future disciplinary action.
The employer is not required to pay the employee for work not performed on Veterans' Day.

    (h) An employer who:
        (1) refuses to
grant an employee who is an honorably

discharged veteran an excused absence from employment on Veterans' Day, if the conditions in subsection (f) are met; or
        (2) disciplines the employee as set forth in subsection (g);
is subject to a suit for damages sustained by the employee denied an excused absence from employment.