CHAPTER 13. MILITARY FAMILY LEAVE

IC 22-2-13
    Chapter 13. Military Family Leave

IC 22-2-13-1
Application of chapter
    Sec. 1. This chapter applies to an employer that employs at leastfifty (50) employees for each working day during each of at leasttwenty (20) calendar work weeks.
As added by P.L.151-2007, SEC.3.

IC 22-2-13-2
"Armed forces of the United States"
    Sec. 2. As used in this chapter, "armed forces of the UnitedStates" means the active or reserve components of:
        (1) the Army;
        (2) the Navy;
        (3) the Air Force;
        (4) the Coast Guard;
        (5) the Marine Corps; or
        (6) the Merchant Marine.
As added by P.L.151-2007, SEC.3.

IC 22-2-13-2.5
"Child"
    Sec. 2.5. As used in this chapter, "child" means a biological child,adopted child, foster child, or stepchild.
As added by P.L.45-2009, SEC.1.

IC 22-2-13-3
"Employee"
    Sec. 3. As used in this chapter, "employee" means a personemployed or permitted to work or perform services for remunerationunder a contract of hire, written or oral, by an employer.
As added by P.L.151-2007, SEC.3.

IC 22-2-13-4
"Employer"
    Sec. 4. As used in this chapter, the term "employer" includes thestate and political subdivisions of the state.
As added by P.L.151-2007, SEC.3.

IC 22-2-13-5
"Grandparent"
    Sec. 5. As used in this chapter, "grandparent" means a biologicalgrandparent, an adoptive grandparent, a foster grandparent, or astepgrandparent.
As added by P.L.151-2007, SEC.3. Amended by P.L.45-2009, SEC.2.

IC 22-2-13-6
"Health care benefits"    Sec. 6. As used in this chapter, "health care benefits" meansemployer provided health coverage, including coverage for medicalcare, prescription drugs, vision care, medical savings accounts, orany other health related benefit.
As added by P.L.151-2007, SEC.3.

IC 22-2-13-7
"Active duty"
    Sec. 7. As used in this chapter, "active duty" means full-timeservice on active duty orders in:
        (1) the armed forces of the United States; or
        (2) the National Guard;
for a period that exceeds eighty-nine (89) consecutive calendar days.
As added by P.L.151-2007, SEC.3.

IC 22-2-13-8
"National Guard"
    Sec. 8. As used in this chapter, "National Guard" means:
        (1) the Indiana Army National Guard; or
        (2) the Indiana Air National Guard.
As added by P.L.151-2007, SEC.3.

IC 22-2-13-9
"Parent"
    Sec. 9. As used in this chapter, "parent" means:
        (1) a biological father or mother;
        (2) an adoptive father or mother;
        (3) a court appointed guardian or custodian;
        (4) a foster parent; or
        (5) a stepparent.
As added by P.L.151-2007, SEC.3. Amended by P.L.45-2009, SEC.3.

IC 22-2-13-10
"Sibling"
    Sec. 10. As used in this chapter, "sibling" means:
        (1) a biological brother or sister;
        (2) an adoptive brother or sister;
        (3) a foster brother or sister; or
        (4) a stepbrother or stepsister.
As added by P.L.151-2007, SEC.3. Amended by P.L.45-2009, SEC.4.

IC 22-2-13-11
Eligibility; leave amount; use of other paid leave
    Sec. 11. (a) An employee who:
        (1) has been employed by an employer for at least twelve (12)months;
        (2) has worked at least one thousand five hundred (1,500) hoursduring the twelve (12) month period immediately preceding theday the leave begins; and
        (3) is the spouse, parent, grandparent, child, or sibling of a

person who is ordered to active duty;
is entitled to an unpaid leave of absence as provided in subsection(b).
    (b) An employee may take a leave of absence during one (1) ormore of the following periods:
        (1) During the thirty (30) days before active duty orders are ineffect.
        (2) During a period in which the person ordered to active dutyis on leave while active duty orders are in effect.
        (3) During the thirty (30) days after the active duty orders areterminated.
    (c) The leave of absence allowed each calendar year undersubsection (a) may not exceed a total of ten (10) working days.
    (d) An eligible employee may elect, or an employer may requirethe employee, to substitute any earned paid vacation leave, personalleave, or other paid leave, except for paid medical or sick leave,available to the employee for leave provided under this chapter forany part of the ten (10) day period of such leave.
As added by P.L.151-2007, SEC.3. Amended by P.L.45-2009, SEC.5.

IC 22-2-13-12
Employee notice; employer verification
    Sec. 12. (a) An employee who wants to take a leave of absenceunder this chapter shall provide written notice, including a copy ofthe active duty orders if available, to the employee's employer of thedate the leave will begin. An employee shall give at least thirty (30)days notice before the date on which the employee intends to beginthe leave, unless the active duty orders are issued less than thirty (30)days before the date the requested leave is to begin.
    (b) An employer may require verification of an employee'seligibility for the leave. If an employee fails to provide verificationrequired under this subsection, an employer may consider theemployee's absence from employment unexcused.
As added by P.L.151-2007, SEC.3.

IC 22-2-13-13
Employee post-leave restoration to same or equivalent position
    Sec. 13. (a) Except as provided in subsection (b), after anemployee takes a leave of absence under this chapter, an employeemust be restored to:
        (1) the position that the employee held before the leave; or
        (2) a position equivalent to the position that the employee heldbefore the leave, with equivalent seniority, pay, benefits, andother terms and conditions of employment.
    (b) An employer is not required to restore an employee to aposition described in subsection (a) if the employer proves that thereason that the employee was not restored to the position is unrelatedto the employee's exercise of the employee's rights under thischapter.
As added by P.L.151-2007, SEC.3.
IC 22-2-13-14
Continuation of employee health care benefits
    Sec. 14. An employer shall permit an employee who is taking aleave of absence under this chapter to continue the employee's healthcare benefits at the employee's expense.
As added by P.L.151-2007, SEC.3.

IC 22-2-13-15
Employer noninterference with employee rights
    Sec. 15. An employer shall not interfere with, restrain, or deny theexercise of or the attempt to exercise any right provided under thischapter.
As added by P.L.151-2007, SEC.3.

IC 22-2-13-16
Remedies
    Sec. 16. (a) An employee may bring a civil action at law toenforce this chapter.
    (b) A circuit court may:
        (1) enjoin any act or practice that violates this chapter; and
        (2) order any other equitable relief that is just and proper underthe circumstances to redress the violation of or to enforce thischapter.
As added by P.L.151-2007, SEC.3.