Citations Affected: IC 10-16-7-5; IC 10-17-4.
Synopsis: Military leave for state employees. Increases from 15 days
to 30 days in a calendar year the maximum leave of absence without
loss of time or pay that a state officer or employee who is a member of:
(1) the Indiana National Guard; (2) the Ready Reserve; or (3) a reserve
component of the armed forces of the United States; may receive for
military training or other duties as a member of a reserve component.
Entitles a state officer or employee under certain circumstances to be
restored to the person's previous or a similar position with the same
status and pay after the leave of absence.
Effective: July 1, 2008.
January 10, 2008, read first time and referred to Committee on Veterans Affairs and Public
Safety.
A BILL FOR AN ACT to amend the Indiana Code concerning
military and veterans.
total of fifteen (15) days in any calendar year. The entitlement to a
leave of absence without loss of time or pay provided in this subsection
is not at the discretion of the member's employer.
(c) This subsection applies beginning January 1, 2009, only to a
member who is an officer or employee of the state. A member is
entitled to receive from the member's employer a leave of absence
from the member's respective duties in addition to the member's
regular vacation period without loss of time or pay for the time
that the member is:
(1) on training duties of the state under the order of the
governor as commander in chief; or
(2) a member of any reserve component under the order of
the reserve component authority;
for any consecutive or nonconsecutive period that does not exceed
a total of thirty (30) days in any calendar year. The entitlement to
a leave of absence without loss of time or pay provided in this
subsection is not at the discretion of the member's employer.
(c) (d) A member is entitled to receive from the member's employer
a leave of absence from the member's respective duties in addition to
the member's regular vacation period for the total number of days that
the member is on state active duty under section 7 of this chapter. A
leave of absence provided under this subsection may be with or without
loss of time or pay at the discretion of the member's employer.
immediately after the training is completed; and
(5) is qualified to perform the duties of the position described in
clause (A);
is entitled to be restored to the person's previous or a similar position
with the same status and pay.
(c) This subsection applies beginning January 1, 2009, only to a
person who is an officer or employee of the state. A person who:
(1) is a qualified member of the reserve components of the
armed forces;
(2) is a member of the Ready Reserve;
(3) is a member of an organized unit;
(4) in order to receive military training with the armed forces
of the United States not to exceed thirty (30) days in one (1)
calendar year:
(A) leaves a position other than a temporary position in the
employ of an employer; and
(B) provides evidence:
(i) defining date of departure and date of return for
purposes of military training ninety (90) days before the
date of departure; and
(ii) of the satisfactory completion of the training
immediately after the training is completed; and
(5) is qualified to perform the duties of the position described
in subdivision (4)(A);
is entitled to be restored to the person's previous or a similar
position with the same status and pay.
(c) (d) Seniority continues to accrue during a period of absence
described in subsection (a), subsections (b) and (c), and the period of
absence for military training must be construed as an absence with
leave. At the discretion of the employer, the leave may be with or
without pay.
person's departure and return as soon as practicable before the
person's departure; and
(2) furnish the employer, upon the person's return, evidence of the
person's satisfactory completion of the training.
Upon the person's return, the person shall be restored to the person's
previous or a similar position, with the same status that the person held
before leaving for the person's training period.
(c) This subsection applies beginning January 1, 2009, only to a
person who is an officer or employee of the state. A person who, as
a reserve member of the armed forces of the United States, is called
upon to receive temporary military training is entitled to a
temporary leave of absence from the person's employer not to
exceed thirty (30) days per calendar year. A person described in
this subsection shall:
(1) provide the employer with evidence of the dates of the
person's departure and return as soon as practicable before
the person's departure; and
(2) furnish the employer, upon the person's return, evidence
of the person's satisfactory completion of the training.
Upon the person's return, the person shall be restored to the
person's previous or a similar position, with the same status that
the person held before leaving for the person's training period.
(c) (d) A leave granted under this section may be granted, with or
without pay, within the discretion of the employer.
(d) (e) A temporary leave of absence granted under this section does
not affect the rights of the person to vacation leave, sick leave, or other
normal benefits of the person's employment.