Leave - Indiana

Jury duty

Indiana doesn’t require private employers to pay employees on jury duty. 

Voting

Indiana does not have a time off for voting provision.

Criminal Proceeding

Under Indiana law, a person who knowingly or intentionally dismisses an employee, deprives an employee of employment benefits, or threatens such a dismissal or deprivation because the employee has received or responded to a subpoena in a criminal proceeding commits interference with witness service, which is a Class B misdemeanor.  

Military Family Leave

Indiana’s Military Family Leave Act requires employers with 50 or more employees who have worked at least 20 weeks to grant an unpaid leave of up to 10 working days to a spouse, parent, grandparent, or sibling of a person who is ordered to active military duty.

Volunteer firefighters

Employers cannot discipline employees for absences if they are volunteer fire department members and have notified their immediate supervisors of this in writing. The employer can reject this notification if the employee is “essential” to the employer’s business.

An “employer” refers to any individual or legal representative of a deceased individual, firm, association, limited liability company, employer that provides on-the-job training under the federal School to Work Opportunities Act, or corporation or its receiver or trustee, that uses the services of another person for pay.

An employee must present a written statement to his or her immediate supervisor from the chief or another officer in charge of the volunteer fire department or emergency medical services association that the employee was engaged in emergency firefighting activity while absent from work. Employees who have already reported to work must get authorization from their supervisors to leave work to respond to an emergency summons.

Employers cannot discipline volunteer fire department members injured while responding to an emergency for being injured or absent from work because of the injury. This only applies to absences that do not exceed six months from the date of the injury for each instance in which a volunteer is injured. The employer can require an employee provide evidence from a physician or other medical authority showing treatment for the injury and a connection between the injury and the employee’s emergency-response activities. This information must be kept in a medical file separate from the volunteer firefighter’s employment records and treated as confidential.

An employer may require employees who will be absent for an emergency call to notify the employer, before the employee’s scheduled start time, about the absence to be excused.

Employers are not required to pay salary or wages to a volunteer who was absent due to responding to an emergency call or because of an injury received through emergency-response activities. An employee may use vacation leave, personal time, compensatory time off or, in the case of time off due to injury, sick leave for their absence.

Disaster situation

In the event of a disaster or public emergency, Indiana’s governor, or an official acting in the governor’s stead, may establish mobile support units to respond to the event. Members of these units will be called to report for training and administrative purposes, in addition to emergency duties. Employers cannot discipline nor terminate members of the mobile support units for serving in the units.

The state may reimburse employers for the compensation paid, travel, subsistence, and maintenance expenses of the employee while the employee is on duty as a member of a mobile support unit. The state may also reimburse the employer for all payments for death, disability, or injury of the employee and all losses of or damage to supplies and equipment of the employer or the employee incurred in the course of duty.