CHAPTER 5. POLICE AND FIRE LEAVES OF ABSENCE
IC 36-8-5
Chapter 5. Police and Fire Leaves of Absence
IC 36-8-5-1
Application of chapter
Sec. 1. (a) This chapter applies to the following:
(1) All municipalities.
(2) A county having a consolidated city that establishes aconsolidated law enforcement department under IC 36-3-1-5.1.
(b) Section 2 of this chapter applies to any other politicalsubdivision that employs full-time, fully paid firefighters.
As added by Acts 1981, P.L.309, SEC.54. Amended by P.L.227-2005,SEC.38; P.L.1-2006, SEC.574.
IC 36-8-5-2
Leaves of absence; authorization; duration; renewal; compensation
Sec. 2. (a) The police chief or fire chief may be granted a leave ofabsence by the authority who appointed the police chief or fire chief.This appointing authority may also grant a leave of absence to anyother full-time, fully paid police officer or firefighter.
(b) A leave of absence under subsection (a) shall be granted forservice in the Indiana general assembly. A leave of absence undersubsection (a) may also be granted for service in any other electedoffice or for one (1) of the following reasons:
(1) Sickness.
(2) Disability.
(3) Sabbatical purposes.
However, a leave of absence because of disability may not be grantedto a member of the 1977 fund under this subsection unless a leavegranted under subsection (g) has expired without disability benefitshaving been paid from the 1977 fund. In the case of such anexpiration, a leave for purposes of disability may be granted underthis subsection but only until the member's eligibility for disabilitybenefits is finally determined.
(c) Before a leave of absence may be granted for sabbaticalpurposes, the member must submit a written request explaining andjustifying the leave to the appointing authority. Sabbatical purposesmust be related to the improvement of the member's professionalperformance and skills, such as education, special training, workrelated experience, and exchange programs.
(d) This subsection applies to leaves of absence granted undersubsection (b)(1), (b)(2), or (b)(3). A leave of absence may extendfor a period of not more than one (1) year, determined by theappointing authority, and may be renewed upon written request ofthe member.
(e) This subsection applies to leaves of absence granted forservice in an elected office. A police officer or firefighter who servesin the general assembly shall be granted a leave for the time spent inthis service, including the time spent for committee or legislativecouncil meetings. A police officer or firefighter who serves in any
other elected office may be granted a leave for the time spent in thisservice. Leave for service in an elected office does not diminish apolice officer's or firefighter's rights under the police officer's orfirefighter's retirement or pension fund, except as provided in section10 of this chapter, or advancement on the police officer's orfirefighter's department salary schedule. For these purposes, thepolice officer or firefighter is, despite the leave, considered to be amember of the department during that time.
(f) This subsection applies to leaves of absence granted undersubsection (b)(1), (b)(2), or (b)(3). A member on leave may receivecompensation in an amount determined by the appointing authority,up to a maximum amount that equals the member's salary before theleave began.
(g) This subsection applies only to members of the 1977 fund. Thelocal board may grant a leave of absence for purposes of disability tofull-time, fully paid police officers or firefighters (including thepolice chief or fire chief). The leave is subject to the followingconditions:
(1) The police chief or fire chief must make a writtendetermination that there is no suitable and available work on theappropriate department for which the fund member is or may becapable of becoming qualified.
(2) The leave must be approved by the local board after ahearing conducted under IC 36-8-8-12.7.
(3) The leave may not begin until the police officer orfirefighter has exhausted all paid leave for sickness.
(4) The leave shall continue until disability benefits are paidfrom the 1977 fund. However, the leave may not continue formore than six (6) months.
(5) During the leave, the police officer or firefighter is entitledto receive compensation in an amount equal to fifty percent(50%) of the salary of a first class patrolman or first classfirefighter on the date the leave begins.
Payments of compensation under this subsection may not be madefrom the 1925 fund, the 1937 fund, the 1953 fund, or the 1977 fund.
(h) Determinations under subsection (g) are not reviewable by theboard of trustees of the public employees' retirement fund.
(i) This subsection applies to leaves of absence granted undersubsection (a) or (b). An appointing authority shall establish a policyin writing that specifies whether a police officer or firefighter isentitled, during a leave of absence, to participate in any promotionalprocess or earn seniority. A policy established under this subsectionis subject to a department's existing disciplinary procedures. Anappointing authority shall reinstate a police officer or firefighterreturning from a leave at the merit or permanent rank determinedunder the policy established under this subsection. However, exceptas otherwise provided by federal law, an appointing authority is notrequired to reinstate a police officer or firefighter in the job that thepolice officer or firefighter held at the time the police officer's orfirefighter's leave began.As added by Acts 1981, P.L.309, SEC.54. Amended by P.L.362-1983,SEC.1; P.L.311-1989, SEC.1; P.L.130-2008, SEC.2.
IC 36-8-5-3
Military service; temporary leave of absence
Sec. 3. (a) An active member of a regularly organized police orfire department who is:
(1) taken into military service by induction, enlistment, orcommission or assigned by the government for war work duringa national emergency declared by the president of the UnitedStates or during armed hostilities in which the United States isengaged; and
(2) temporarily absent from the department;
is considered to be a continuing member of the department on atemporary leave of absence. The records of the department mustshow the member in this status.
(b) Subsection (a) does not apply to a member who enlists orreenlists when no emergency or war has been declared.
As added by Acts 1981, P.L.309, SEC.54.
IC 36-8-5-4
Military leaves; overtime to cover vacancies
Sec. 4. The safety board and the police and fire chiefs may requiremembers of the police and fire departments to work overtime tocover the vacancies created by members on temporary leave ofabsence under section 3 of this chapter. For overtime work the policeofficers and firefighters shall be compensated at a rate of pay notexceeding the amount that would have been paid the regularmembers had they not left for military service or been assigned togovernment war work.
As added by Acts 1981, P.L.309, SEC.54.
IC 36-8-5-5
Military leaves; use of temporary employees to cover vacancies
Sec. 5. (a) If, in the judgment of the executive, overtime work bythe regular police officers or firefighters under section 4 of thischapter does not meet the requirements for public safety in themunicipality, the safety board and the police and fire chiefs mayemploy persons temporarily. However, if there is an establishedmerit system, eligibility lists for appointment or promotion in effectmust be used in the selection of personnel before other temporary orpermanent appointments. These persons shall be employed astemporary employees and are not members or beneficiaries of anypension fund under this article. All temporary employees' serviceterminates at the expiration of the emergency.
(b) Temporary employees and overtime work shall be paid out ofthe unexpended appropriations for salaries of those on temporaryleave of absence under section 3 of this chapter.
As added by Acts 1981, P.L.309, SEC.54.
IC 36-8-5-6
Military leaves; salary appropriations for absent employees
Sec. 6. A municipality shall make a sufficient appropriation in itssalary personnel budget appropriations for the police and firedepartments for all members on temporary leave of absence undersection 3 of this chapter. The personnel budget may not be reducedso as to make it impossible to absorb members who have returnedfrom temporary leave.
As added by Acts 1981, P.L.309, SEC.54.
IC 36-8-5-7
Military leaves; pension considerations
Sec. 7. (a) The monthly assessments against the salary of amember of a 1925, 1937, 1953, or 1977 fund shall be waived whilethe member is on temporary leave of absence under section 3 of thischapter or on a leave of absence that qualifies for the protectionsafforded by the Uniformed Services Employment and ReemploymentRights Act (38 U.S.C. 4301 et seq.).
(b) A member of a 1925, 1937, 1953, or 1977 fund does not losehis benefits from the fund because he fails to pay assessments thatare assessed against him while on temporary leave or on a leave ofabsence that qualifies for the protections afforded by the UniformedServices Employment and Reemployment Rights Act (38 U.S.C.4301 et seq.).
(c) Notwithstanding any provision of this chapter, a member ofthe 1925, 1937, 1953, or 1977 fund is entitled to service credit andbenefits in the amount and to the extent required by the UniformedServices Employment and Reemployment Rights Act (38 U.S.C.4301 et seq.).
As added by Acts 1981, P.L.309, SEC.54. Amended by P.L.5-1997,SEC.14.
IC 36-8-5-8
Reinstatement after termination of military service
Sec. 8. (a) A police officer or firefighter desiring to return toservice in the police or fire department shall report to the personresponsible for regulating and employing members of thedepartment. This action must be taken within sixty (60) days afterhonorable discharge from military service or government war work.
(b) Within fifteen (15) days after the police officer or firefighterreports to the department, the police officer or firefighter shall beplaced on duty at the rank held at the time of entering militaryservice or government war work.
(c) If a member of the police or fire department is refused a properassignment under subsection (b), he may file an action in the circuitcourt of the county in the manner prescribed by IC 36-8-3-4.
As added by Acts 1981, P.L.309, SEC.54.
IC 36-8-5-9
Evidence of member's death Sec. 9. Death notices from the department of defense or othersatisfactory proof of death are bona fide evidence of a member'sdeath. This evidence constitutes full authority for the local board ofa fund to carry out the law regarding deceased police officers andfirefighters and their beneficiaries.
As added by Acts 1981, P.L.309, SEC.54.
IC 36-8-5-10
Credit for time spent on leave
Sec. 10. (a) Except as provided in subsection (b) or (c), a memberon leave under either section 2 or section 3 of this chapter is entitledto be credited with time spent in full-time employment for allpurposes, including retirement and pension benefits.
(b) A member of the 1925 fund, the 1937 fund, the 1953 fund, orthe 1977 fund who is granted an unpaid leave of absence under theFamily Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) shall becredited with time spent on leave for the purposes of benefiteligibility and vesting to the extent required by the Family MedicalLeave Act. The member shall not receive credit for purposes ofaccruing additional benefits, except to the extent required by theFamily Medical Leave Act.
(c) This subsection applies to a member of the 1925 fund, the1937 fund, the 1953 fund, or the 1977 fund who is granted a leave ofabsence for service in an elected office under section 2 of thischapter. In order to receive service credit in the 1925 fund, the 1937fund, the 1953 fund, or the 1977 fund for the period of the leave ofabsence, the member must pay to the applicable fund for or duringthe leave the assessment or contribution that the member would havepaid during the period of the leave had the member not been on theleave during that time. The member's employer may pay all or a partof the assessment or contribution for the member.
As added by Acts 1981, P.L.309, SEC.54. Amended by P.L.213-1995,SEC.5; P.L.130-2008, SEC.3.