IC 4-15-16
    Chapter 16. Leave for Bone Marrow or Organ Donation

IC 4-15-16-1
Applicability
    Sec. 1. This chapter applies to an employee of a state agency,including an employee who is a party to:
        (1) a collective bargaining agreement entered into after June 30,2002, unless otherwise provided in the collective bargainingagreement; or
        (2) an employment contract with a state agency entered intoafter June 30, 2002, unless otherwise provided in theemployment contract.
As added by P.L.94-2002, SEC.1.

IC 4-15-16-2
Inmates excluded
    Sec. 2. This chapter does not apply to an inmate placed in theunclassified service under IC 4-15-2-7.
As added by P.L.94-2002, SEC.1.

IC 4-15-16-3
"Bone marrow" defined
    Sec. 3. As used in this chapter, "bone marrow" means the softmaterial that fills human bone cavities.
As added by P.L.94-2002, SEC.1.

IC 4-15-16-4
"Employee" defined
    Sec. 4. As used in this chapter, "employee" means a person whois employed full time by a state agency.
As added by P.L.94-2002, SEC.1.

IC 4-15-16-5
"Organ" defined
    Sec. 5. As used in this chapter, "organ" means a lung, a kidney, oranother organ that requires the continuous circulation of blood toremain useful for purposes of transplantation.
As added by P.L.94-2002, SEC.1.

IC 4-15-16-6
"State agency" defined
    Sec. 6. As used in this chapter, "state agency" means an authority,a board, a branch, a commission, a committee, a department, adivision, or another instrumentality of state government. The termdoes not include the following:
        (1) A state educational institution.
        (2) A state elected official's office.
        (3) The legislative and judicial branches of state government.
        (4) The state police department.As added by P.L.94-2002, SEC.1. Amended by P.L.2-2007, SEC.48.

IC 4-15-16-7
Employee leave for bone marrow donation; verification byphysician
    Sec. 7. If an employee of a state agency:
        (1) requests a leave of absence from the employee's agency sothat the employee may serve as a bone marrow donor; and
        (2) provides the employee's agency with written verification bya physician that the employee is to serve as a bone marrowdonor;
the state agency shall grant the employee a leave of absence of notmore than five (5) work days, as determined by the attendingphysician, during which the employee may serve as a bone marrowdonor.
As added by P.L.94-2002, SEC.1.

IC 4-15-16-8
Leave for organ donation; verification by physician
    Sec. 8. If an employee of a state agency:
        (1) requests a leave of absence from the employee's agency sothat the employee may serve as a human organ donor; and
        (2) provides the employee's agency with written verification bya physician that the employee is to serve as a human organdonor;
the state agency shall grant the employee a leave of absence of notmore than thirty (30) work days, as determined by the attendingphysician, during which the employee may serve as a human organdonor.
As added by P.L.94-2002, SEC.1.

IC 4-15-16-9
Salary during leave; employee service uninterrupted during leave
    Sec. 9. (a) An employee who is granted a leave of absence underthis chapter is entitled to receive the employee's regular salarywithout interruption during the leave of absence.
    (b) A leave of absence granted to an employee under this chapteris in addition to vacation days, sick days, personal days, andcompensatory time that the employee accrues.
    (c) An employee's service shall be considered uninterrupted by aleave of absence under this chapter for purposes of determining thefollowing:
        (1) Seniority.
        (2) Salary or salary advancement.
        (3) Performance awards.
        (4) The receipt of a benefit that may be affected by a leave ofabsence.
As added by P.L.94-2002, SEC.1.
IC 4-15-16-10
Retaliation against employee prohibited
    Sec. 10. A state agency may not retaliate against an employee forrequesting or obtaining a leave of absence under this chapter.
As added by P.L.94-2002, SEC.1.