CHAPTER 4. LEAVES OF ABSENCE FOR MILITARY SERVICE
IC 5-9-4
Chapter 4. Leaves of Absence for Military Service
IC 5-9-4-1
Applicability of chapter
Sec. 1. (a) This chapter applies to a person who:
(1) holds a state, legislative, local, or school board office (all asdefined in IC 3-5-2);
(2) is called into active duty in the:
(A) armed forces of the United States; or
(B) the national guard; and
(3) may not appoint a deputy under IC 5-6-2.
(b) This chapter may not be applied in violation of Article 2,Section 9 of the Constitution of the State of Indiana.
As added by P.L.79-2004, SEC.1.
IC 5-9-4-2
"Active duty"
Sec. 2. As used in this chapter, "active duty" means full-timeservice in:
(1) the armed forces of the United States; or
(2) the national guard;
for a period that exceeds thirty (30) consecutive days in a calendaryear.
As added by P.L.79-2004, SEC.1.
IC 5-9-4-3
"Armed forces of the United States"
Sec. 3. 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.79-2004, SEC.1.
IC 5-9-4-4
"National guard"
Sec. 4. 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.79-2004, SEC.1.
IC 5-9-4-5
"Officeholder"
Sec. 5. As used in this chapter, "officeholder" refers to a personwho holds a state, legislative, local, or school board office (all asdefined in IC 3-5-2).As added by P.L.79-2004, SEC.1.
IC 5-9-4-6
Officeholder's leave of absence for active duty
Sec. 6. (a) An officeholder who:
(1) is called into active duty in the:
(A) armed forces of the United States; or
(B) national guard; and
(2) as a result of the action described in subdivision (1), isunable to perform the duties of the officeholder's office;
is entitled to a leave of absence from the officeholder's office for theperiod of the active duty.
(b) An officeholder has not vacated the officeholder's office bytaking a leave of absence described in subsection (a).
As added by P.L.79-2004, SEC.1.
IC 5-9-4-7
Written notice of leave; person receiving notice; contents of notice
Sec. 7. (a) Except as provided in subsection (b) or (c), anofficeholder who elects to take the leave of absence described insection 6 of this chapter shall give written notice that the officeholderis taking a leave of absence for military service to the person orentity designated in IC 5-8-3.5-1 to receive a resignation for theoffice the officeholder holds.
(b) An officeholder who is:
(1) a justice of the supreme court, a judge of the court ofappeals, or a judge of the tax court; or
(2) a judge of a circuit, city, county, probate, or superior court;
shall give the written notice required by subsection (a) to the clerk ofthe supreme court.
(c) An officeholder who holds a school board office shall give thewritten notice required by subsection (a) to the person or entitydesignated in IC 20-25-3, IC 20-25-4, IC 20-25-5, IC 20-23-12,IC 20-23-14, IC 20-23-15, IC 20-23-4, or IC 20-26 to receive aresignation for the office the officeholder holds.
(d) The written notice required by subsection (a) must state thatthe officeholder is taking a leave of absence because theofficeholder:
(1) has been called for active duty in:
(A) the armed forces of the United States; or
(B) the national guard; and
(2) will be temporarily unable to perform the duties of theofficeholder's office.
As added by P.L.79-2004, SEC.1. Amended by P.L.1-2005, SEC.74.
IC 5-9-4-8
Temporary appointment during officeholder's leave; method andterm of appointment; rights, duties, and compensation of appointee
Sec. 8. (a) Except as provided in subsection (b), during theofficeholder's leave of absence the officeholder's office must be filled
by a temporary appointment made under:
(1) IC 3-13-4;
(2) IC 3-13-5;
(3) IC 3-13-6;
(4) IC 3-13-7;
(5) IC 3-13-8;
(6) IC 3-13-9;
(7) IC 3-13-10;
(8) IC 3-13-11;
(9) IC 20-23-4;
(10) IC 20-26;
(11) IC 20-23-12;
(12) IC 20-23-14;
(13) IC 20-23-15;
(14) IC 20-25-3;
(15) IC 20-25-4; or
(16) IC 20-25-5;
in the same manner as a vacancy created by a resignation is filled.
(b) For an officeholder who:
(1) is:
(A) a justice of the supreme court, a judge of the court ofappeals, or a judge of the tax court; or
(B) a judge of a circuit, city, county, probate, or superiorcourt; and
(2) is taking a leave of absence under this chapter;
the supreme court shall appoint a judge pro tempore to fill theofficeholder's office in accordance with the court's rules andprocedures.
(c) The person selected or appointed under subsection (a) or (b)serves until the earlier of:
(1) the date the officeholder's leave of absence ends as providedin section 10 of this chapter; or
(2) the officeholder's term of office expires.
(d) The person selected or appointed to an office under subsection(a) or (b):
(1) assumes all the rights and duties of; and
(2) is entitled to the compensation established for;
the office for the period of the temporary appointment.
As added by P.L.79-2004, SEC.1. Amended by P.L.1-2005, SEC.75.
IC 5-9-4-9
Notice to person or entity making the appointment
Sec. 9. (a) Whenever the person or entity that receives the writtennotice under section 7(a) or 7(c) of this chapter has the power to filla vacancy created by a resignation from the office the officeholderholds, the person or entity shall make the temporary appointmentneeded during the officeholder's leave of absence.
(b) Whenever the person or entity that receives the written noticeunder section 7(a) or 7(c) of this chapter does not have the power tofill a vacancy created by a resignation from the office the
officeholder holds, the person or entity shall, not later thanseventy-two (72) hours after receipt of the officeholder's notice, givewritten notice of the need for a temporary appointment during theofficeholder's leave of absence to the person or entity who has thepower to:
(1) fill a vacancy; or
(2) call a caucus under IC 3-13-11 for the purpose of filling avacancy;
created by a resignation from the office the officeholder holds.
(c) Whenever the clerk of the supreme court receives the writtennotice under section 7(b) of this chapter, the clerk shall give noticeof the officeholder's leave of absence to the supreme court inaccordance with the court's rules and procedures.
As added by P.L.79-2004, SEC.1.
IC 5-9-4-10
Term of leave; officeholder's notice of return; resumption of duties
Sec. 10. (a) A leave of absence under this chapter begins on thedate the officeholder enters active duty and ends on the earliest of:
(1) the date of the officeholder's death;
(2) the thirtieth day after the date of the discharge or release ofthe officeholder from active duty; or
(3) the date the officeholder provides the written notice requiredby subsection (b).
(b) An officeholder returning from a leave of absence under thischapter shall give written notice that the officeholder's leave ofabsence has ended to the person or entity to which the officeholderprovided notice under section 7 of this chapter.
(c) The person or entity that receives the written notice undersubsection (b) shall, not later than seventy-two (72) hours afterreceipt of the officeholder's notice, give written notice that theofficeholder's leave of absence has ended to:
(1) the person temporarily appointed to the officeholder's office;and
(2) any person or entity that received the written notice of theleave of absence under section 9(b) of this chapter.
(d) On the date an officeholder's leave of absence ends, asdetermined under subsection (a), the officeholder shall resume theduties of the officeholder's office for the remainder of the term forwhich the officeholder was elected.
As added by P.L.79-2004, SEC.1. Amended by P.L.2-2005, SEC.14.
IC 5-9-4-11
Expiration of officeholder's term during leave; reelection
Sec. 11. (a) In the event that the officeholder's term of officeexpires during the officeholder's leave of absence, the office shall befilled as required by law.
(b) Except as provided by a federal law or regulation, anofficeholder who is on a leave of absence under this chapter isentitled to become a candidate for and be elected to the office from
which the officeholder has taken a leave of absence.
As added by P.L.79-2004, SEC.1.
IC 5-9-4-12
Construction with federal law
Sec. 12. This chapter may not be construed as a restriction orlimitation on any of the rights, benefits, and protections granted to amember of:
(1) the armed forces of the United States; or
(2) the national guard;
under federal law.
As added by P.L.79-2004, SEC.1.