Indiana's Military Family Leave Act: new law allows up to 10 days a year.

AuthorWilson, Heather L.
PositionCOLUMN: LAW

AS OF JULY 1, 2007, Indiana requires employers with at least 50 employees during each working day of any 20-week period to provide up to 10 days of unpaid leave to an employee who has an active duty military family member. (See Ind. Code 22-2-13-1 et seq.) However, the benefits of the Indiana Military Family Leave Act are limited to the spouse, parent, grandparent or sibling of a person who is I ordered to active duty

A "parent" is not only the biological mother or father, but an adoptive mother or father, or court-appointed guardian or custodian. A "sibling" is not only a brother or sister, but also a half-brother, half-sister or brother or sister through adoption. A "grandparent" must be a biological grandparent.

In order to be eligible under the act, the employee must have been employed over the previous 12 months, and have worked at least 1,500 hours during the 12 months before the requested leave period. In addition, the soldier must be performing full-time service for longer than 89 consecutive calendar days.

An employee can take the leave of absence while the soldier is on leave from a qualifying active duty period, or during the 30 days before or after the active duty period. The leave of absence is allowed for a maximum of 10 days each year. The act is not specific on whether leave time should be granted on a calendar year or roiling year basis, however, an employer would be advised to use a calendar year until the Indiana courts clarify this provision.

To be eligible for leave, an employee must provide written notice 30 days before the intended leave of absence. This written notice should include the active duty orders, if they are available. Active duty orders that are issued less...

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