Indiana Maternity and Pregnancy laws & HR compliance analysis

Indiana Maternity and Pregnancy: What you need to know

Effective July 1, 2021, Indiana House Bill 1309 applies to employers with 15 or more employees and allows employees to request an accommodation for their pregnancy.
Notably, the statute establishes that an accommodation request does not require an employer to provide an accommodation or impose a duty upon an employer to provide an accommodation that is an exception to the employer’s existing policies.
An employee may request an accommodation from her employer in writing, and the statute requires an employer to respond to an employee’s request within a reasonable time frame. An employer may not, however, discipline, terminate, or retaliate against an employee because that employee has requested or used an accommodation for the employee’s pregnancy.
Finally, the statute does not limit, diminish, or affect any state or federal laws concerning sex discrimination, pregnancy discrimination, family and medical leave, disability, or childbirth discrimination but instead expands existing state and federal protections.
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The Indiana Civil Rights Law prohibits employment practices that discriminate on the basis of sex, which is generally interpreted to include pregnancy, maternity, and related conditions. This means that employers should ensure that their policies do not negatively affect one sex more than the other.
The Law covers employers with six or more employees (IN Code Sec. 22-9-1-1 et seq.).
Private employers. There is no Indiana law requiring private employers to provide family or maternity leave to their employees.
Public employers. State employees can substitute paid sick leave to care for an injured or ill immediate family member (IN Admin. Code Tit. ...

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