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

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

In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also 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.
However, Indiana does not have such a law.
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Public employers—unpaid medical leave. 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).
For in-depth guidance on leave and other employment matters related to maternity and pregnancy:
For in-depth guidance on state and local sick leave requirements:
Leave for bone marrow and organ donation—public employees. State employees may take up to 5 days of paid leave to serve as a bone marrow donor upon written verification by a physician.
State employees may take up to 30 days of paid leave to serve as a human organ donor upon written verification by a physician.
These leaves are in addition to vacation days, sick days, personal days, and compensatory time that ...

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