Like employers in every state, employers in Indiana must comply with the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave, with the right to reinstatement, for certain reasons.
Indiana law also gives employees the right to take military family leave, as explained below. Employees are entitled to the protections of all applicable laws; if more than one law applies, the employee may use the most beneficial provisions.
Federal FMLA Rights
Indiana employees who are eligible may take up to 12 weeks of leave for serious health conditions, bonding with a new child, or preparation for a family member's military service; more leave is available for employees who need to care for a family member who was seriously injured on active military duty. For detailed information on FMLA leave, see Taking Family and Medical Leave.
Who Is Covered?
Indiana employers must follow the FMLA if they have at least 50 employees for at least 20 weeks in the current or previous year.
Employees are eligible for FMLA leave if:
- they have worked for the company for at least a year
- they worked at least 1,250 hours during the previous year, and
- they work at a location with at least 50 employees within a 75-mile radius.
Reasons for Leave
FMLA leave is available if an employee needs time off to:
- bond with a new child
- recuperate from a serious health condition
- care for a family member with a serious health condition
- handle qualifying exigencies arising out of a family member’s military service, or
- care for a family member who suffered a serious injury during active duty in the military. (You can find more information on these last two types of leave in Military Family Leave for Employees.)
How Much Leave Is Available?
Employees may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave is available every 12 months, as long as the employee continues to meet the eligibility requirements explained above.
Employees may take up to 26 weeks of leave in a single 12-month period for military caregiver leave. However, this is a per-injury, per-service member entitlement. Unless the same family member is injured again, or another family member suffers an injury while on active duty, an employee may not take additional leave for this purpose.
Leave and Reinstatement Rights
Employees are entitled to continue their health insurance while on leave, at the same cost they must pay while working. FMLA leave is unpaid, but employees may be allowed (or required) to use their accrued paid leave during FMLA leave.
When an employee’s FMLA leave ends, the employee is entitled to be reinstated to the same or an equivalent position, with a few exceptions.
Indiana Family and Medical Leave Law
In addition to the rights granted by the FMLA, Indiana employees are protected by the state’s military family leave law.
Indiana Military Family Leave
Employers with at least 50 employees must allow eligible employees to take up to ten days of leave per year for military family reasons:
- during the 30 days before the family member’s active duty orders are in effect
- while the family member is on leave during active duty, or
- during the 30 days after the family member’s active duty orders are terminated.
To take leave, an employee must be the spouse, parent, grandparent, or sibling of someone ordered to active duty for 90 days or more.