CHAPTER 10. STATE EMPLOYEES' BILL OF RIGHTS
IC 4-15-10
Chapter 10. State Employees' Bill of Rights
IC 4-15-10-1
Definitions
Sec. 1. As used in this chapter:
"Agency" means any state administration, agency, authority,board, bureau, commission, committee, council, department,division, institution, office, service, or other similar body of stategovernment created or established by law. However, the term doesnot include state colleges and universities.
"Appointing authority" means the individual or group ofindividuals who have the power by law or by lawfully delegatedauthority to make appointment to a position in an agency.
"Employee" means an employee of an agency except an electedofficial.
"Supervisor" means an individual who oversees the daily activityof an employee.
As added by Acts 1981, P.L.36, SEC.2.
IC 4-15-10-2
Political activities
Sec. 2. Except when on duty or acting in an official capacity andexcept where otherwise provided by state or federal law, noemployee shall be prohibited from engaging in political activity or bedenied the right to refrain from engaging in such activity.
As added by Acts 1981, P.L.36, SEC.2.
IC 4-15-10-3
Membership in organizations of employees
Sec. 3. No employee shall be denied the right to be a member ofan organization of employees.
As added by Acts 1981, P.L.36, SEC.2.
IC 4-15-10-4
Protection of employees reporting violations of state or federallaws
Sec. 4. (a) Any employee may report in writing the existence of:
(1) a violation of a federal law or regulation;
(2) a violation of a state law or rule;
(3) a violation of an ordinance of a political subdivision (asdefined in IC 36-1-2-13); or
(4) the misuse of public resources;
to a supervisor or to the inspector general.
(b) For having made a report under subsection (a), the employeemaking the report may not:
(1) be dismissed from employment;
(2) have salary increases or employment related benefitswithheld;
(3) be transferred or reassigned; (4) be denied a promotion the employee otherwise would havereceived; or
(5) be demoted.
(c) Notwithstanding subsections (a) and (b), an employee mustmake a reasonable attempt to ascertain the correctness of anyinformation to be furnished and may be subject to disciplinaryactions for knowingly furnishing false information, includingsuspension or dismissal, as determined by the employee's appointingauthority, the appointing authority's designee, or the ethicscommission. However, any state employee disciplined under thissubsection is entitled to process an appeal of the disciplinary actionunder the procedure as set forth in IC 4-15-2-34 throughIC 4-15-2-35.5.
(d) An employer who knowingly or intentionally violates thissection commits a Class A misdemeanor.
As added by Acts 1981, P.L.36, SEC.2. Amended by P.L.17-1984,SEC.1; P.L.32-1987, SEC.1; P.L.5-1988, SEC.25; P.L.9-1990,SEC.11; P.L.222-2005, SEC.21.
IC 4-15-10-5
Exercise of rights; penalties prohibited
Sec. 5. No employee shall suffer a penalty or the threat of apenalty because he exercised his rights under this chapter.
As added by Acts 1981, P.L.36, SEC.2.
IC 4-15-10-6
Limitation of rights and remedies prohibited
Sec. 6. Nothing in this chapter shall disparage, impair, or limit anyother right or legal remedy of an employee.
As added by Acts 1981, P.L.36, SEC.2.
IC 4-15-10-7
Volunteer firefighting activity
Sec. 7. (a) An employee may not be disciplined for absence fromwork if:
(1) the employee is a member of a volunteer fire departmentunder IC 36-8-12;
(2) the employee has notified the employee's immediatesupervisor in writing that the employee is a member of avolunteer fire department;
(3) the employee presents a written statement to the employee'simmediate supervisor from the chief or other officer in chargeof the volunteer fire department that the employee was engagedin emergency firefighting activity at the time of the employee'sabsence from work; and
(4) the employee secures authorization from the employee'ssupervisor to leave the employee's duty station if the employeehas already reported for work.
(b) An employee who:
(1) is a member of a volunteer fire department under
IC 36-8-12; and
(2) is injured while the employee is engaged in emergencyfirefighting or other emergency response;
may not be disciplined as a result of the injury or an absence fromwork because of the injury if the employee complies withsubsections (a) and (c). However, for each instance of emergencyfirefighting activity or other emergency response that results in aninjury to an employee, this subsection applies only to the period ofthe employee's absence from work that does not exceed six (6)months from the date of the injury.
(c) The immediate supervisor of an employee described insubsection (b) may require the employee to provide evidence froma physician or other medical authority showing:
(1) treatment for the injury at the time of the absence; and
(2) a connection between the injury and the employee'semergency firefighting or other emergency response activities.
(d) To the extent required by federal or state law, informationobtained under subsection (c) by an immediate supervisor must be:
(1) retained in a separate medical file created for the employee;and
(2) treated as a confidential medical record.
(e) The state personnel department shall administer an absencefrom employment under subsection (b) in a manner consistent withthe federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601et seq.), as amended and in effect on January 1, 2009.
As added by Acts 1982, P.L.26, SEC.1. Amended by P.L.1-1999,SEC.4; P.L.63-2009, SEC.1.
IC 4-15-10-8
Civil air patrol emergency service operations
Sec. 8. (a) For purposes of this section, "civil air patrol" refers tothe Indiana wing of the civil air patrol.
(b) For purposes of this section, "emergency service operation"includes the following operations of the civil air patrol:
(1) Search and rescue missions designated by the Air ForceRescue Coordination Center.
(2) Disaster relief, when requested by the Federal EmergencyManagement Agency or the department of homeland securityestablished by IC 10-19-2-1.
(3) Humanitarian services, when requested by the FederalEmergency Management Agency or the department ofhomeland security established by IC 10-19-2-1.
(4) United States Air Force support designated by the First AirForce, North American Aerospace Defense Command.
(c) An employee may not be disciplined for absence from work if:
(1) the employee is a member of the civil air patrol;
(2) the employee has notified the employee's immediatesupervisor in writing that the employee is a member of the civilair patrol;
(3) in the event that the employee has already reported for work
on the day of the emergency service operation, the employeesecures authorization from the employee's supervisor to leavethe employee's duty station before leaving to engage in theemergency service operation; and
(4) the employee presents a written statement to the employee'simmediate supervisor from the commander or other officer incharge of the civil air patrol indicating that the employee wasengaged in an emergency service operation at the time of theemployee's absence from work.
As added by P.L.10-2007, SEC.1. Amended by P.L.1-2009, SEC.10.