Indiana Leave of Absence (FMLA) laws & HR compliance analysis

Indiana Leave of Absence (FMLA): What you need to know

Some states have laws that require employers to grant employees time off for the birth or adoption of a child, or to care for a family member with a serious illness, but Indiana does not have such a law. However, Indiana employers with 50 or more employees are likely covered by the federal Family and Medical Leave Act (FMLA). Information is available on the federal FMLA.
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State employees may take sick leave because of personal illness, injury, or legal quarantine. Sick leave may also be used for an illness or injury in the employee's immediate family that necessitates the employee's absence from work.
For this purpose, “immediate family” means spouse, child, or parent who resides with, and is dependent upon, the employee for care and support. Employees may be required to produce a medical certificate from the attending physician or a designated physician, documenting the nature and extent of the disability or fitness to return to duty (IN Admin. Code Tit. 31 Sec. 5-8-3).
A state employee, upon written request and with employer approval, may be granted a leave without pay for a period not to exceed 2 years. The employee must be returned to a position in the same class as the position held at the time leave was granted.
Employees on leave without pay due to personal illness, injury, or legal quarantine may be required to submit medical proof from a designated physician of fitness to return to work before resuming duties. Failure of an employee on leave to report for duty within 5 working days after the appointing authority issues a written notice to return will be deemed a resignation (IN Admin. Code Tit. 31 Sec. 5-8-7).
State employees who ...

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