Citations Affected: IC 22-2-13.
Synopsis: Family military employment leave. Provides that certain
employees are entitled to up to 30 days leave from employment for
family military leave when the spouse or a child of the employee is
called to active duty in the armed forces of the United States or the
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Homeland Security, Utilities,
and Public Policy.
A BILL FOR AN ACT to amend the Indiana Code concerning labor
Sec. 4. As used in this chapter, "employee benefits" means benefits, other than salary or wages, provided to or made available to an employee by an employer, including but not limited to group life insurance, health insurance, disability insurance, or a pension, or any combination of these benefits, regardless of whether benefits are provided by a policy or practice of the employer.
Sec. 5. As used in this chapter, "employer" means:
(1) an individual;
(2) a partnership;
(3) an association;
(4) a limited liability company;
(5) a corporation;
(6) a business trust;
(7) the state; or
(8) a municipal corporation (as defined in IC 36-1-2-10).
Sec. 6. As used in this chapter, "family military leave" means an absence from employment requested by an employee who is the spouse or parent of an individual called to active duty in the armed forces of the United States or the national guard for a period lasting more than thirty (30) days.
Sec. 7. As used in this chapter, "national guard" has the meaning set forth in IC 5-9-4-4.
Sec. 8. (a) An employer that employs:
(1) at least fifteen (15) but not more than fifty (50) employees shall provide up to fifteen (15) days; and
(2) more than fifty (50) employees shall provide up to thirty (30) days;
of family military leave to an employee who is the spouse or the parent of an individual called to active duty in the armed forces of the United States or the national guard during the time federal or state deployment orders are in effect.
(b) If the spouse or the child of the employee who has been granted family military leave has the term of active duty extended, the employee is entitled to another period of family military leave for each extension of the term of active duty.
Sec. 9. (a) If an employee intends to take five (5) or more consecutive work days of family military leave, the employee must give at least fourteen (14) days advance notice to the employee's employer of the following:
(1) The date on which the employee intends to begin family military leave.
military leave if the employer has not filled or eliminated the
employee's previous position.
(2) Place the employee in another position of employment that provides compensation, employee benefits, working hours, working shifts, and other terms and conditions equivalent to the position of employment the employee had before the employee took the family military leave if the employer has filled the employee's previous position.
Sec. 15. Except as provided in:
(1) an agreement, by collective bargaining or otherwise; or
(2) an employer's policy;
an employee who is on family military leave is not entitled to compensation, additional seniority, or other benefits the employee would be entitled to receive if the employee were available for work.
Sec. 16. (a) During the time an employee is on family military leave, the employer shall continue to provide employee benefits to the employee at the employee's expense. The employer and employee may negotiate for the employer to maintain employee benefits at the employer's expense for the duration of the family military leave.
(b) Taking family military leave may not result in loss of an employee benefit accrued before the date the leave began.
(c) This chapter shall not be construed to affect or diminish the contract rights or seniority status of another employee of an employer covered under this chapter.
(d) The family military leave rights provided under this chapter may not be diminished by:
(1) a collective bargaining agreement; or
(2) an employee benefit plan.
Sec. 17. An employer and employee may agree to alternative employment conditions or terms during the time the employee is on family military leave. An agreement under this section does not limit an employee's right to family military leave.
Sec. 18. (a) An employer shall not:
(1) interfere with;
(2) restrain; or
the exercise of or the attempt to exercise a right provided under this chapter. The prohibitions in this section include discharging, fining, suspending, disciplining, or discriminating against an employee who takes family military leave.